United Kingdom Drunk Driving Defense Attorneys

  1. Altrincham-Motoring Lawyers: The law in this area is highly technical and offers scope for exploitation of any departure by the police from the accepted and permissible procedures. Numerous devices are relied upon (Alcolmeter, Alcolyser, Alcotest, Alcometer, Alcosensor, Camic, Intoxilyser, Intoximeter) each of which has its own detailed procedure to be followed. As with speeding cases we can identify situations where the correct procedures have not been followed, thus providing you with a legitimate defence. We can identify and advise you about the numerous other defences which may be available in your case, such as post-accident consumption (the 'hip flask' defence), no valid reason for requirement, public road or private place, etc. It may also be appropriate to advance special reasons on your behalf such as laced drinks, emergency or shortness of distance driven all of which give the court discretion to reduce the period of disqualification or not to impose it at all! Any drink related driving offence is regarded by the courts as a serious matter. It’s not just disqualification that you have to worry about. Breath readings above 116 (more than 3 x the legal limit) attract the guideline sentence of “consider custody” as well as a substantial disqualification.
  2. Bath
    1. Mowbray Woodwards: 24-hour Emergency number for criminal and road traffic matters, 7 days a week, 365 days of the year.
    2. BLB Solicitors: We can provide you with expert advice across the full breadth of criminal law. We can assist with motoring issues and are skilled in defending prosecutions relating to road accidents, drink driving and speeding. At the other end of the scale, we can represent your interests in serious criminal offences such as theft, violence, sexual offences, drugs or money laundering the proceeds of crime.
    3. Stone King: If you are arrested, charged or receive a summons from the police we can represent you in the police station, and also at the Magistrates and Crown Courts.
    4. Mogers Solicitors: There is usually an automatic driving ban of at least 12 months. In addition you will have a criminal conviction and your motor insurance would become much more expensive.
  3. Belfast
    1. Sullivans: * Excess Speed * Breach of Traffic Signal * Penalty Points and Totting Up * Special Reasons and Exceptional Hardship * Driving / In Charge whilst Unfit * Dangerous Driving / causing Death / Injury * Driving without Due Care and Attention * No Insurance / No Licence * HGV Overloading / Tachographs * Driving whilst Disqualified
  4. Birmingham-George Jonas: A conviction for a driving offence can have devastating consequences for an individual. This is particularly so where such a conviction can result in a disqualification from driving. Although regarded by many practitioners (defence lawyers, prosecutors and magistrates alike)› in the criminal courts as the least serious types of offences, the law in respect of driving offences and in particular the law in relation to the penalties that may be imposed for driving offences is extremely complex ā much more complex than, for instance, the law in relation to murder.
  5. Belfast
    1. McIvor Farrell Solicitors: Compensation / Personal Injury Claims Get Quote Family Law o Divorce o Legal Seperation * Matrimonial Matters * Childcare / Protection * Non-molestation orders Property Get Quote * Conveyancy - House Sales (Buying and Selling) (Dublin clients catered for) * Remortgaging * NIHE purchases * Certificate of Titles (Grants) * Voluntary Transfers (parents to children) * Commercial Leases * Residential Leases * Boundary Disputes * Lands Tribunals Criminal Defence Cases * Murder/Manslaughter * Fraud * Theft * Motoring Offences * Assault * Disorderly Behaviour * Riotous Assembly * Affray * (speeding, tax, insurance, MOT) Other * Immigration / Asylum * Judicial Reviews / Human Rights * Employment Law (Fair EMployment) * Wills and Probate (Deceased Estates) * Medical Negligence * Consumer Problems * Debt Collection * Fraud * Licensing Law * Mental Health Tribunals * Welfare and Benefits - Appeals and Tribunals * Assets Recovery Agency (incapacity benefits, DLA, disability living allowance) * Human Rights (Police Ombudsman complaints) * Legal Aid
  6. Birminham-Simpson Millar Solicitors: The European Commission announced recently that Brits abroad would no longer be able to escape fines for road offences such as speeding and jumping red lights.
  7. Clapham Junction-Hanne & Co. Solicitors: Family Law Criminal Law Housing Law Conveyancing Private Client Employment Law Personal Injury
  8. Glasgow
    1. Steen Bali Solicitors: asylum issues, human rights, immigration law and criminal law
    2. Walker, Graham: Post Incident Drinking Defence Drink/drivers should be aware that there is a legal presumption taken from section 15(2) Road Traffic Offenders Act 1988 that the proportion of alcohol in a drivers breath, blood or urine at the time of the alleged offence was not less than in the specimen. This means that the defence require to establish the defence if the driver claims that he/she had been drinking after the incident but prior to giving a sample. Check section 15(3) - if the driver establishes the matters set out at section 15(3) on a balance of probabilities then the defence is made out and must be rebutted by the Crown case. This type of defence is common in practise but uncommon in success. It is often referred to as "The hip flask defence" coming from the term used in a case where the accused claimed that after a crash he had taken a few drinks from his hip flask to calm his nerves. Sheriffs tend to take the view nowadays that anyone who has been involved in a road traffic accident will expect to be tested and would be extremely unwise to consume any more alcohol in these circumstances. It is therefore VERY difficult to establish such a defence. It is not impossible but will usually require the evidence of an independent forensic toxicologist who can provide a detailed report that will hopefully support the accuseds' explanation of the amount of alcohol consumed and when. The defence must call scientific evidence on the point unless it is obvious to a layperson that the post offence consumption of alcohol explained the excess. Never assume that it would be obvious, you would generally always be wise to seek out a report and to forward a copy of same to the Crown well in advance of the trial to have it agreed wherever possible. Reports normally cost in the region of £250+Vat to prepare however if you require your expert to come to court to give evidence this can be very expensive. It will depend upon the time taken for the witness to be called and to give evidence. If a driver provides a specimen a long time after the driving offence and this proves to be below the limit the forensic experts acting for the Crown may provide a report indicating that at time of offence the blood alcohol was over the limit and therefore the driver may still be prosecuted. This is not something that happens very often probably due to the evidential issues and difficulties n presenting the case in a fair manner. The Expert evidence on post incident drinking The expert will provide a report setting out his presumptions and the mathematical calculations used in coming to any conclusion. To be successful you really need to provide the expert with as much accurate information as possible otherwise there will always be an element of guesswork about the process and this will work against you. Although the defence ONLY requires to be made out in the Balance of probabilities you will find that this is still a high standard. It is worth instructing a specialist law firm to assist with this whole process but however you proceed there will be a set amount of information that your expert requires. It can be worth calling the forensic department of your local University to see if they have an expert available and then ask them to fax you a list of they require. They sometimes have a form that you can use to provide the required information. Basic Information Required * Full detail of any food consumed from six hours before the * offence. * Weight, height, build, age and sex * Known medical condition (Acid reflux, irritable bowel etc) * Medication taken regularly, or within 6 hours prior to drinking; * Type and quantity of alcohol consumed before the offence and, if possible, the times at which the units of alcohol were consumed. Brand names ok and provide the actual containers that the drink was consumed from a Glass marked with the measure taken. * the same information concerning any alcohol that you consumed after the offence but before you gave the specimen for the test. Failing to provide. This is a complex area of law and there are a great many cases that have assisted us in the definition of what is and is not a "reasonable excuse". It is not a reasonable excuse to state that you did not give a sample because you wanted your lawyer to be present. Nor is it a reasonable excuse to refuse to provide a specimen of breath or other sample simply because you had not been the driver. The main successful area of reasonable excuse has tended to be cases where there is a genuine medical problem such as Asthma or real phobia of needles etc. Medical evidence of such a phobia or condition will require to be obtained and examined. Simply because you are asthmatic will not preclude you from providing a sample. The court will require full details about your condition and how it would affect your ability to provide a sample. Expert evidence may be required in relation to your psychological state as this could also have had a bearing on whether or not you could commit this offence. Once such a defence is raised, the onus is upon the Crown to prove beyond a reasonable doubt that it has failed and that you are therefore guilty of the offence. Failing to provide a sample is a very interesting area of defence and we have had a great deal of success in defending such cases. We do not wish to publicise just how we have been successful as this is a competitive area of the law and we all guard our knowledge jealously. If you want the benefit of our success in this area pleas e call or provide us with some of your case details online. Procedure for blood or urine samples An area of some confusion as the motorist tends to believe that they have a choice about what type of sample is given and how and where it should be given. You will find that the police officer requesting the sample can decide what type of sample is to be used. Sections 7, 8 and 9 of the Road Traffic Act 1988 set out procedures which must be followed by the police when laboratory samples of blood or urine are taken. Sometimes police officers fail to follow the strict guidelines that are laid out in the forms that they use as an aide memoir when following the procedure and then he defence have an opportunity to win their case! The admissibility of those specimens in excess alcohol cases depends upon the procedures being followed strictly. The procedures are set out in this manner to secure a fair and just process that is beyond reproach. As a suspected driver you are legally obliged to provide a sample where an officer has reasonable grounds to suspect that you have driven a vehicle whilst under the influence of drink or drugs. Do not refuse to give a sample because you were not driving or you were not drinking- Bad idea to refuse as this is a separate offence. Let the lawyers sort out the presentation of the defence at court. It is best for you to cooperate fully with the testing process and procedures and simply note carefully what is being said to you and what is going on. Before a sample is taken the driver needs to be told: * The reason why breath cannot be used as a sample; * That the officer will decide that the sample will be Blood or Urine and what it will be. * Tell you that if you refuse then this is a separate offence. I tend to think they should also tell you that you will most likely be disqualified from driving or holding a licence if you fail to provide. * If they want to take blood they require to ask about medical conditions or any reason to refuse such a specimen. (The police casualty surgeon is called out to take a sample of blood from you) Section 8(2) of the Road Traffic Act, a driver may choose to replace a breath specimen by supplying a lab sample in the following circumstances * Where the specimen of breath exceeds the statutory limit; but does not exceed 50 microgrammes of alcohol in 100 millilitres of breath The police officer then require to inform you * You are entitled to have this specimen replaced by a specimen of blood or urine; but it will be for the police officer to decide whether the replacement specimen is to be of blood or urine. * He has to check if the driver has any medical reasons why a sample of blood cannot or should not be taken from him. There are sometimes failings in this process and we find that we can successfully defend motorists in such cases where the police have failed in the procedure required of them. The test of whether the officers failure has caused a fundamental breach of procedure that cannot be cured is usually a matter for the Sheriff however in circumstances where the police officer has failed to check if you have any medical condition that precludes you from giving such a sample we can safely say that we should win that point and save your driving licence. Blood or urine samples when at hospital Sometimes samples are taken from a driver when he/she is in the process of receiving treatment following a road traffic accident. Again this is an area of law where the prosecution require to be careful about the methods used to ensure fairness and admissibility of evidence. The reporting police officer should ASK the driver if there is any reason that he/she cannot provide a sample of blood for analysis. Sometimes this whole process is just handed over to the police casualty surgeon or to a Doctor who is in attendance for another treatment reason. One has to consider if proper legal cautions have been provided and if all proper procedure followed.There is often room for error in the procedure and this area therefore requires careful consideration of a specialist road traffic lawyer. The Breath Testing Equipment The Intoximeter EC/IR, the Camic Datamaster or the Lion Intoxylizer are used throughout the Uk we understand from experience that the Intoximeter EC/IR is now the most widely used piece of equipment for breath testing in Scotland. They are all type approved and as such certain presumptions of reliability follow. If the defence wish to challenge the reliability of such a device they really require to do so long before the trial! They will require to have checked the instrument, the service log,the calibration process, the details of use on day and any other aspects of use. However they may find that the Crown are reluctant to cooperate with the defence on the basis that the whole issue of challenge is merely a "fishing expedition" for the defence. Therefore when instructing your lawyer on this issue you must bring up the issue of device reliability if you consider it important If the reading seems way to high then you should explain to your lawyer what alcohol if any was consumed and why the machine must be at fault. You may require to obtain a forensic toxicologists report to validate your claim BEFORE the Crown will even allow your solicitor to obtain any details regarding the intoximeter device. If the Crown persist in their refusal to provide disclosure on this issue then other areas are open to the defence in an attempt to secure the access to documents that is required for the proper presentation of your defence. You will require an experienced defence lawyer to pursue these issues with the required vigour for success. Breath Alcohol Less than 40 mg. In Scotland a Lord Advocate's directive ensures that persons with a reading of 40 mg. or less will not be prosecuted and in England a driver will not be prosecuted under section 5 with a breath alcohol level of less than 40 mg. In accordance with the guidelines contained in Home Office Circular 46/1983. Drink Driving In Scotland raises a lot of questions please do not hesitate to call or e mail for advice.
    3. Lyon, Michael: From speeding in Dumfries to drink driving in Glasgow, it is imperative to employ the services of an expert motoring lawyer to ensure the best possible result is achieved. Road Traffic Act 1988, Section 5: Drink Driving Prosecutions under s.5(1)(a) and (b) of the Road Traffic Act 1988 are complicated and it would be impossible to detail all the possible angles and defences that may require to be investigated. We have attempted to highlight some of the more common issues that should be addressed if you are facing a charge of drink driving in Scotland. Under s.5(1)(a) it is an offence if a person drives or attempts to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit. The “prescribed limit” is defined by s.11(2) as 35 mg. of alcohol in 100 ml. of breath, 80 mg. of alcohol in 100ml of blood or 107mg of alcohol in 100ml of urine. The Crown will not initiate proceedings on the basis of breath-alcohol readings of less than 40 mg. Although technically the police are entitled to proceed, the Crown are personally prosecuting the case by virtue of an agreement between the Crown Agent and the Law Society of Scotland. Rather unfairly, there is no similar agreement for specimens of blood or urine. So if you are charged with drink driving in Scotland with a blood-alcohol reading of 81mg, then you better get some good advice from a road traffic expert because the Crown, in all probability, will initiate proceedings. The Intoximeter EC/IR is the main device used in Scots law for the analysis of breath samples. It has full type approval under section 7(1)(a) of the Road Traffic Act 1988 and is recognised as such as a matter of judicial knowledge. It very rarely, however, produces identical readings which will be of a concern to the person accused of drink driving in Scotland Type approval dictates that if the variation between the two samples of breath vary in excess of 15% then the readings are inadmissible and some other procedure will presumably be invoked. Furthermore if an accused’s reading is less than 50 mg./100 ml. then the police will require to explain that the person may claim that specimen should be replaced by either blood or urine. This provision takes into account the variations that can be produced by the Intoximeter EC/IR and again will no give the public a great deal of confidence in the prosecution of drink driving cases in Scotland. We would advise that an alternative sample should always be provided. There are a number of technical reasons for this although, to put it very simply, an accused person has nothing to lose at this stage by doing so. Interestingly, we often receive instruction from clients who maintain that the police have tried to dissuade them from the alternative sample route. Please be aware that where improper pressure is exerted on an accused not to exercise his option to provide a specimen for laboratory analysis then this will result in an acquittal. Again the services of an expert motoring lawyer are essential in these circumstances. We would also advise that the independent analysis of samples is undertaken. There are strict time limits that apply due to the degradation principle and, again, advice should be sought at the earliest opportunity. Clearly a degree of expense will be incurred by instructing an independent analysis although it could be the best money you have ever spent. Contact should be made with the University of Glasgow, Department of Forensic Medicine and Science, University Place, Glasgow (0141-330-4574) as recognised analysts under the Road Traffic Acts in Scotland. It is also essential to look at the constituent elements of the charge: namely the concepts of driving/in charge and public place/road. There is a vast amount of legal authority on these subjects and these lines of defence should be investigated. There is also the defence of “post-incident” drinking. This is loosely referred to as the “hip-flask” defence and means that the alcohol that has lead the prescribed limit to be exceeded was consumed after the act of driving. This is a statutory defence and will require to be properly stated in Court with a toxicology report detailing an expert’s view on the expected alcohol reading at the time of driving. These cases can be complicated and detailed instruction from the client is essential. Expert advice should be sought on this highly technical and specialised area of law. Even in cases where you may think there is no hope, there can be unexpected technical defences and it is imperative that the case is properly examined to ensure a plea of guilty is not tendered to a charge that will never prove.
  9. Hammersmith-Owen, White & Catlin: When faced with a criminal allegation, and the prospect of going to prison, it is important to have an experienced Solicitor to represent your case and act on your behalf. Each criminal case is unique, and only a specialist Solicitor experienced in assessing the particulars of a case and in dealing with the many variables presented can provide the type of representation you need.
  10. Lancashire-JWK Solicitors: Someone convicted of driving with excess alcohol must be disqualified for at least 12 months and, for a Defendant who had a drink driving conviction within the preceding 10 years the minimum disqualification period is 3 years. Only if special reasons can be found can disqualification be avoided. The circumstances in which the Court will accept that there are special reasons are very limited.
  11. London-Hughmans Solicitors: Before 20 min. have elapsed the device may measure the amount of alcohol in the mouth rather than the amount in the breath. The amount of alcohol in the mouth will be much greater than that in the breath and a motorist could therefore be wrongly prosecuted. It is only deep lung air that has been in contact with the blood and which therefore gives a true indication of the proportion of alcohol in the breath. In order to prevent wrongful prosecutions the new generation of EBM's are able to detect mouth alcohol. But there is evidence that many devices do not do this and therefore do not meet Home Office type approval specs. Numerous challenges are waiting to go through the courts.
  12. London-Hunters Solicitors: * Personal injury (from minor injuries to serious career and life threatening accidents) * Professional negligence * Property (from landlord and tenant to boundary disputes) * Contractual (including intellectual property) * Debt collection * Employment * Trust and probate disputes * Licensing * Bloodstock and equine disputes * Road traffic offences.
  13. London-Irwin Mitchell Solicitors: Whether the offence is minor or serious and complex, national or international, our criminal defence lawyers understand that being at risk of investigation, under arrest or charged with an offence and facing prosecution is a stressful, worrying and confusing time.
  14. London-EPD Solicitors: It is often true to say that a case is won or lost during the initial contact a person has with the investigating officers at the police station before, during and after they are interviewed. At Erica Peat & Diable, we train our police station representatives to deal with any situation that may arise and to launch an effective defence long before the case reaches court. An objective view of the situation is essential when considering how best to handle the police interview. Therefore, nobody should allow themselves to be interviewed without first taking legal advice from a specialist criminal defence solicitor.
  15. London-Lewis Nedas & Co: Did you know that under certain circumstances we may be able to help you get back onto the road? IS YOUR LICENCE AT RISK? With the sudden profusion of traffic cameras on many roads throughout the UK, drivers are finding that, even though they have had a clean licence for many years, they are unexpectedly finding themselves charged with driving offences. It is often the case that within a short space of time a licence can be at risk through the accumulation of more than 6 penalty points. * Totting * Special reasons not to disqualify * Excess speed on a motorway * Drink/driving offences including “drunk in charge” * Causing death by dangerous driving * Dangerous driving/driving without due care * Touting for hire * Customs offences/importation * HGV, Tachograph and overloading offences * Construction and use * Insurance offences * Driving whilst disqualified * Applications to have licence restored * Disqualification for health reasons
  16. London-Hodge Jones Allen: Current law means that the consequence can be at least 12 months’ disqualification, a fine of up to £5,000 and/or up to 6 months’ imprisonment. Subsequent drink driving offences can be more serious still. Have you been caught drink driving? If you are convicted, even if nobody was hurt, the court must impose a disqualification for 12 months unless there is a ‘special reason’ for not doing so. Obviously this can lead to stress and complications, especially if your job requires you to drive or you need a car in order to get to work or take the children to school.
  17. London-Thomas, Stephen: Don't take a chance with your licence If you are charged with the following offences I can help you: * Speeding * Dangerous driving * Failure to stop * Failure to report * Totting up If you're facing a conviction under the Road Traffic Act, remember that driving bans are discretionary, not compulsory, and a careful argument presented by an experienced advocate could save your licence.
  18. London-Sonn McMillan Walker: It is an offence to drive or to attempt to drive a mechanically propelled vehicle on a road (or public place) when unfit through drink or drugs. It is also an offence to drive or attempt to drive a motor vehicle on a road (or public place) with alcohol above the prescribed limit. If convicted of either of these offences, there is a minimum period of disqualification of twelve months. Depending on the level of the drunkenness or the alcohol reading (if there is one), the period of disqualification may be longer. Two or more convictions for drink driving offences within ten years will bring about a compulsory disqualification for a minimum of three years. It is an offence to drive or to attempt to drive a mechanically propelled vehicle on a road (or public place) when unfit through drink or drugs. It is also an offence to drive or attempt to drive a motor vehicle on a road (or public place) with alcohol above the prescribed limit. If convicted of either of these offences, there is a minimum period of disqualification of twelve months. Depending on the level of the drunkenness or the alcohol reading (if there is one), the period of disqualification may be longer. Two or more convictions for drink driving offences within ten years will bring about a compulsory disqualification for a minimum of three years. There are two other offences which fall under the umbrella of drink drive offences. The first is failing to provide a specimen of breath at the police station . If, upon being required to provide a specimen of breath at a police station, a suspect declines to do so, he will be charged with such an offence and, if convicted, he will be punished in the same way as someone who had provided a sample which was over the limit. There are very limited circumstances in which a court will find that a suspect at the police station was reasonable to refuse to provide a specimen of breath. Finally, there are the offences of being in charge of a vehicle whilst unfit or having consumed alcohol over the prescribed limit . A driver may be prosecuted for either of these offences, where he has not actually been caught driving or attempting to drive the vehicle, but was in charge of it. The concept of being "in charge" of a vehicle is a potentially wide concept, and we can advise as to the law in this respect. Unlike all of the other drink drive offences, someone convicted of being drunk in charge of a vehicle or being in charge of a vehicle whilst over the limit does not necessarily have to be disqualified. It is possible in rare circumstances to invoke what are called "special reasons" as to why someone should not be disqualified from driving after having been convicted of a driving offence including a drink drive offence. The most notable examples are :- if someone has had their "drinks spiked", or possibly if they were driving in an emergency situation. For obvious reasons, the courts are extremely reluctant to find "special reasons", and we can advise as to any that might be appropriate in your case. It is worth noting that "special reasons" only apply to the circumstances in which the vehicle was being driven and not to the effect that a disqualification may have on the driver or his family. Finally, the courts operate a drink driver rehabilitation scheme whereby the courts can reduce a period of disqualification for drink drive offences by up to 25%, provided that during the period of the disqualification the defendant successfully completes a drink rehabilitation course, of which there are schemes all over the country.
  19. Manchester-Monson Solicitors, Mary: The Law relating to Excess Alcohol offences contains stricter penalties than most other areas of Road Traffic Law. A long ban can be distressing, because of the restriction it places on both someone's professional and personal life. The courts have some discretion to reduce the length of the ban, and in certain circumstances will not disqualify at all (see Special Reasons). There are also some outright defences.
  20. Newtownards
    1. Worthingtons Law: personal injury claims, road traffic accidents, house sales & purchases, matrimonial advice, and wills & probate.
  21. Nottingham
    1. Nelson, Richard: You may already be aware that once you have acquired twelve penalty points on your licence within a three year period, you risk disqualification. The usual period of disqualification for the first instance of "totting up" twelve or more points is six months. If it is your second period of disqualification for totting up, you risk a disqualification of twelve months and for your third totting up, a disqualification of two years may be incurred. However, it is possible to avoid disqualification if the court is persuaded that "exceptional hardship" would result, such as if you depend on your licence for your livelihood. The firm has experienced Magistrates Court advocates who have a high level of success in exceptional hardship applications. Excess Alcohol If you are convicted of driving with excess alcohol, disqualification for a minimum of twelve months is mandatory. Disqualification for failing to provide a specimen of breath at a police station is mandatory, although it is at the discretion of the Magistrates as to whether they impose a disqualification for failing to provide a specimen at the roadside. Driving whilst unfit through drink or drugs can also attract a disqualification. Speeding Most speeding offences attract between three and six penalty points; however, speed in excess of thirty miles above the speed limit will risk disqualification. Driving whilst Disqualified The imposition of a driving disqualification is regarded by the court as a serious matter. Driving whilst disqualified will often lead to a custodial sentence. It is occasionally possible to persuade the court to remove a disqualification part-way through. We can advise you as to the making of an application to remove a disqualification and represent you at the court hearing. Death by Dangerous Driving This is a matter which can only be tried at the Crown Court. The maximum penalty on conviction is 14 years imprisonment. Disqualification for a minimum of two years is mandatory, together with an extended re-test. Corporate Offences and Liability Corporate bodies need to be aware of the possibility of being held vicariously liable for the activities of their employees. It is advisable to have clear policies in place to reduce the risk of incurring liability for employees' transgressions. It is advisable for Companies to seek advice in relation to drafting such policies, to reduce their liabilities. Tachograph Offences In relation to tachograph offences, companies as well as individuals can be held responsible for breach of complex tachograph regulations. Use of Mobile Phones It is an offence to use a hand-held mobile phone whilst driving. A device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function. The current law includes an offence of “causing or permitting” a driver to use a hand-held phone while driving. This will, therefore, apply to employers who will be guilty of an offence and liable to penalties (outlined below) if they require or permit their staff who drive for work, to use a hand-held mobile phone while driving. This offence is punishable by the imposition of three penalty points upon your driving licence and a fixed penalty of £60 (up to a maximum of £1000 for private vehicles and £2500 for commercial vehicles if the matter is unsuccessfully challenged at Court). Inquests Where death occurs in a road traffic incident, a summons may be issued to potential witnesses to attend the inquest. We can arrange for you to be represented in the event that you are summonsed to attend an inquest.
  22. Portsmouth-Glanvilles Solicitors: The minimum period of disqualification is 12 months, rising as the alcohol content increases. For a reading twice the legal limit, a ban of 18 months is the norm and when the reading reaches three times the legal limit, the Court invariably orders pre sentence reports with a view to the offender receiving a prison sentence not exceeding 6 months. If the facts of the case warrant it, the Court will impose a custodial sentence.
  23. Rugby-Brethertons Solicitors: If you fail to provide a specimen at the roadside you will be arrested for failing to provide and could be charged with an offence which carries a fine and penalty points. If, having been taken to the police station, you refuse/fail to supply a specimen of (usually) breath for analysis you will be charged with an offence which has potentially serious consequences.
  24. Unknown
    1. McDade & Co.: Because drink driving cases are common, police are experienced in the steps to follow. Nevertheless mistakes are still made. Particularly in view of the severe penalties if you are convicted, it is a very good idea to contact a reputable solicitor who is experienced in motoring offences as quickly as possible; so that they can check out the circumstances and at the very least 'mitigate' them - i.e. try to put the facts and your circumstances in the best possible light to the Court on your behalf. We recommend that you choose a solicitor who specialises in this area of law rather than a general practitioner with less expertise.
    2. Geoffrey Miller: Any person convicted of driving with excess alcohol or driving whilst unfit through drink or drugs faces automatic disqualification and, in serious cases, may even risk imprisonment. For these reasons, specialist advice at the earliest opportunity is essential. If you have been charged with driving with excess alcohol, the Prosecution will have to prove that you were driving with excess alcohol in your breath, urine or blood. The present drink drive limits are as follows: • 35 micrograms of alcohol in 100 ml of breath • 80mg of alcohol in 100 ml of blood • 107mg of alcohol in 100 ml of urine When a police officer has reasonable grounds to suspect that a person is driving with excess alcohol he can require that person to perform a roadside breath test. If this provides a positive reading the driver will be arrested and taken to a police station where a further “evidential test” is required. A refusal to provide a specimen without reasonable grounds is a separate offence. [failure to provide a specimen] There are a number of devices presently used by the police to provide alcohol reading. The most common machines used are the Lion Intoxilyzer 6000 UK and the Intoximter EC/IR . There are complex and technical rules governing the correct operation of every machine and any police officer using the machine must have the appropriate training. If the correct procedure is not adhered to, it may be impossible for the prosecution to rely upon the reading in court and you would be found not guilty.
  25. Southampton
    1. Lapthorn, Blake: The courts take alcohol and drug-related motoring offences very seriously. In addition to a criminal record, a convicted motorist can expect a lengthy period off the road and there is a possibility that the motorist may be given a community penalty or even a custodial sentence. Moreover, the law imposes very detailed procedural requirements on the police and prosecuting authorities, which makes this a minefield for the unwary. It is therefore important to obtain specialist legal advice at the earliest opportunity. There are two principal offences which are prosecuted by the police, namely driving with excess alcohol and being drunk in charge of a motor vehicle. There is a significant difference in these two offences, in that following a conviction for an offence of driving whilst over the limit, a disqualification is mandatory, whereas the court has a discretion not to disqualify in the event of a conviction for being drunk in charge of a motor vehicle. It is therefore vitally important to consider all of the evidence in detail, to ascertain what, if any, offence has been committed. For information on what happens if you have been caught drink driving, click here. 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. Many defences to drink drive allegations are of a technical nature, but even factual defences will often require supporting expert evidence. At every stage, important questions have to be asked about the process adopted by the police. 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). If the charge is one of being in charge of a motor vehicle whilst over the limit, a prison sentence of up to three months is the maximum penalty. A driving disqualification or endorsement with 10 penalty points will also be ordered. Even when a motorist is convicted of these offences, this is not necessarily the end of the matter. It may be possible to avoid a driving disqualification. 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 specialist legal practitioners 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.
  26. Widness-Byrne Frodsham & Co.: It is often thought that there are no defences to drink driving summonses. Even some Lawyers who should know better may advise a guilty plea because of lack of knowledge or experience. The truth is that every such case should be carefully examined by an experienced expert, as there are many Defences.
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