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Have you been arrested and given a court date? Are you attending a police station on bail or for interview or have you been summoned for drink driving?
Contact Just Motor Law today and we will provide you with expert advice on your options for challenging this allegation.
You may think that these are open and shut cases, but they are typically not. There are often loopholes and technicalities that can be exploited in order to win your case.
As specialist drink driving solicitors, our team will carefully evaluate the circumstances surrounding your arrest and scrutinise the procedures the police have followed with the aim of establishing your defence and SAVING YOUR LICENCE.
What does the law say?
It is an offence to drive or attempt to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in a person’s breath, blood or urine, exceeds the prescribed limit.
What are the current legal limits?
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
What are the penalties for drink driving?
If you are convicted of drink driving the consequences can be very serious as this is an offence that carries mandatory disqualification (unless Special Reasons apply). The sentence can range from a fine of up to £5000, through to a community sentence such as unpaid work in the community, an electronically monitored curfew, or can carry up to 6 months imprisonment for the most serious offenders.
You would be disqualified for a minimum of 12 months
The minimum disqualification increases to 3 years if you have a previous relevant conviction within the last 10 years
Your job may be at risk if you are banned from driving
Your insurance premiums could rapidly increase following a period of disqualification
You will have a criminal record that will only become spent after the time scales set out in the Rehabilitation of Offenders Act. Consequently, if required you will have to inform your employers or future employers of this conviction during those time scales
What if you drank more alcohol after you had driven but before you were tested by the police?
It is a full defence to show that you were only over the limit because of the amount of alcohol you drank after you had driven. This is known as the Hip Flask defence and for it to be successful, it will need to be supported by the evidence of a forensic scientist. Sometimes we can simply rely on the evidence of the forensic scientist that the police have used. Our team has a proven track record of success in Hip Flask defence cases and can often get the offences dropped without it ever having to go to trial!
What can be done to protect my Licence if I am found guilty or plead guilty to drink driving?
At Just Motor Law we offer support and guidance where you need it most and will prepare your mitigation so that you are in the best position to receive the lightest possible sentence in all of the circumstances. As specialist drink driving solicitors, we understand the guidelines the Courts will apply when sentencing you and will help you in presenting any evidence that will allow the Magistrates to deal with you with leniently.
How can I avoid the mandatory disqualification?
We know what types of situations can lead to a successful Special Reasons argument. We will discuss your case and all of the circumstances with you in detail and advise you when this is an argument that can be put forward on your behalf in an aim to protect your driving licence.
We will ensure that your case is prepared thoroughly for the Special Reasons argument. The onus is upon you to establish that there are Special Reasons and we will attend court with you and present the most forceful representations on your behalf. At Just Motor Law we are experienced in presenting complex case law where appropriate that deals with different circumstances where Special Reasons are found for the court.
Examples of Special Reasons not to disqualify for Drink Driving:
You didn’t know that what you were drinking contained alcohol
You knew that you were drinking some alcohol but were unaware that your drink had been spiked
You knew that you were drinking some alcohol but were misled as to how strong it actually was
In these types of cases it may be necessary to obtain an expert forensic report to support your argument unless it would be obvious that you would not have been over the limit, were it not for the alcohol you had consumed without your knowledge
You drove while over the legal limit because of a genuine emergency where there was no alternative to driving. In some circumstances this situation can in fact be a full defence and we will advise you on the facts of your particular case
You only drove a short distance. The court will consider the distance driven; the manner of your driving; the state of the vehicle; whether you intended to go further; the prevailing road and traffic conditions; whether there was a possibility of danger by coming into contact with other road users or pedestrians and what the reason was for the car being driven
Remember if you have been caught drink driving, there is always something that we can do to help and with Just Motor Law you will not face this stressful and complex situation alone but have the full support of proven and established drink driving solicitors.
For some more information related to drink driving feel free to take a look at our related articles Drink Driving Course or Drink Drive Rehabilitation Course
Unsure what to do? What are you waiting for? Get in touch with the team now for FREE initial advice on your case and how we can help you.