DEFINITION
Drink driving is defined as "driving or attempting to drive a motor vehicle on a road or other public place whilst under the influence of alcohol exceeding the prescribed limit." The law surrounding drink driving offences is complex and is very serious and you should have legal representation at the earliest opportunity.
PENALTIES
The offence of driving with excess alcohol is punishable with up to six months in prison, or a fine of up to £5,000, and disqualification from driving for a minimum period of 12 months (36 months for a second offence).
Even when a motorist is convicted of this offence, this is not necessarily the end of the matter. It may be possible to avoid a driving disqualification.
DEFENCE
Even though it may seem that once you have been stopped by a police officer and failed a roadside screening breath test, you are facing an open and shut case, there may be a number of possible defences open to the motorist who may have committed a drink driving offence.
Many defences to drink drive allegations are of a technical nature, but even factual defences will often require supporting expert evidence. These include the "Special Reasons".
Special Reasons could include:-
- Duress
- Hip Flask/Drank After The Incident
- Spiked or Laced Drinks
- Shortness of Distance Driven
- Not on a Public Highway
Technical Defences
At every stage, important questions have to be asked about the process adopted by the police. Often a breath test procedure can be investigated for operator error or breaches of procedure and if there has been a problem a Court will often be left with no option but to follow the case law and acquit the accused. The Motoring Offences team at Sugare and Co Solicitors has 40 years experience in defending motorists accused of drink driving offences and are used to guiding motorists through the complexities of these procedures. We can call upon the services of leading medical experts in this field as required.
We make no guarantees of acquittal and you should not listen to anyone who does, but what we can guarantee is that our experts will look at every stage of the procedure to see if a Guilty plea really is your only option.
If you have no defence then the imposition of a driving ban is extremely likely to have a significant adverse impact on both the family and working life of the motorist. It will therefore be imperative to try and reduce the length of any such ban. In these circumstances it is important to speak with us to advise on how best to present crucial mitigation and keep any ban to a minimum, which may in the end be the difference between retaining a job and losing it!
Drink Driving Solicitors Leeds
Contact us NOW on 0113 2446978
