The 7 Enigma About Drink Driving Only A Handful Of People Know

Not all drink driving offences involve a breathalyser at the police station. Many involve a specimen of blood or urine being taken by a police doctor or nurse and sometimes not even at a police station. When cases move away from the more common process of providing a specimen of breath on a police station breathalyser then procedures automatically become more complex with additional stages requiring to be dealt with, often by a number of different people. Whilst safeguarding drink driving charges is complex and complicated, the police process of gathering the evidence in the correct method can often be just as complicated and included for a variety of reasons. We can vigorously scrutinise this process.

The consequences of drink driving are widely understood. Many people have an understanding that it implies a ban upon conviction. For first time offenders it is, as a matter of fact, a minimal 12 month disqualification increasing to as long as 3 years in more significant cases. Alongside a ban there is an additional part of the penalty that will see you face a fine or depending upon the seriousness even a community order or jail sentence.

Drink driving offences are treated seriously by the courts. Many unrepresented defendants get a shock when entering a straight guilty plea. While you may feel in the wrong morally, there is a significant difference between that and being found legitimately wrong. A criminal conviction for drink driving is forever. Sentences can include imprisonment or other restrictive sentences, as well as permanent confiscation of cars and lengthy disqualifications.

There are many ways to defend drink driving charges. Do not allow anybody tell you there are no or limited defences to drink driving charges. That is just wrong. The Supreme Court has said that police will only be given “limited dispensation from the very details requirements” troubled them when testing a motorist. Many hundreds of drink driving cases have been successfully defended.

Expert legal advice can help avoid conviction by highlighting many procedural, fairness and rights-based defences, even if you were over the limit. An expert drink drive lawyer can also assist on the merits of looking for a discharge without conviction. Specialist legal advice can also make a significant difference in minimising risks, such as imprisonment, other restrictive sentences, lorry confiscation and disqualification.

Drink driving procedure is very technical and complex, this can often cause errors being made. Drink driving is just one of minority where you as the offender, by being asked to give a specimen of blood, are being required to join and consent to provide evidence that can cause you being prosecuted. That evidence needs to be gotten using the correct procedures. Errors can and do happen. We have the specialist knowledge required to dissect a case and identify any type of such errors. NAOMI CRAMER of procedural errors are so significant that they can lead to cases either resulting in a blameless verdict at court or the case being dropped.

Many people who are caught driving over the limit are regular people who have made an error of judgement. Most do not need a criminal conviction against their name or a restrictive sentence to pick up from their mistake. A criminal conviction for drink driving can have very real consequences past the immediate sentence and disqualification, such as issues with work, travel, memberships, licensing, insurance and family members.

Often, where the procedure can appear to be followed on the face of the facts of the case; it is necessary to put all of those facts into context. For example, after a roadway website traffic accident where someone experiences an injury that leaves them dazed and confused, it may be that they do not have the relevant capacity needed to understand what is happening. In such a case it can be argued that the procedure, although presumably has been handled, has not been fully comprehended and is consequently invalid. It is an area of law that requires an in-depth technical knowledge that our specialist lawyers at Stephensons have in wealth.

Legal advice from an expert drink drive lawyer can make all the difference. Drink driving is a very technical and specialised area of law. Few lawyers have a real grasp on drink driving defences and ways to avoid conviction and disqualification. Other drink drive lawyers give Alistair hard cases for a reason.