There are many ways to defend drink driving charges. Do not let anybody tell you there are no or only limited defences to drink driving charges. That is merely wrong. The Supreme Court has claimed that police will only be given “limited dispensation from the very particular requirements” imposed on them when testing a motorist. Many thousands of drink driving cases have been successfully defended.
The consequences of drink driving are widely known. Many people have an understanding that it suggests a ban upon conviction. For first time offenders it is, actually, a minimum 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 prison sentence.
Not all drink driving offences involve a breathalyser at the police headquarters. 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 far from the more common process of providing a specimen of breath on a police headquarters breathalyser then procedures automatically come to be more complex with additional stages needing to be handled, often by a variety of different people. Whilst protecting drink driving charges is complex and complicated, the police process of gathering the evidence in the correct way can often be just as complicated and included for a variety of reasons. We can vigorously scrutinise this process.
Legal advice from an expert drink drive lawyer can make all the difference. Drink driving is an extremely 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.
Often, where the procedure can appear to be followed on the face of the facts of the case; it is very important to place all of those facts right into context. As an example, after a roadway website traffic accident where somebody suffers 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 taken care of, has not been fully comprehended and is consequently void. It is an area of law that requires a comprehensive technical knowledge that our specialist lawyers at Stephensons have in abundance.
Drink driving offences are dealt with seriously by the courts. Learn More unrepresented defendants get a shock when entering a straight guilty plea. While you may really feel in the wrong morally, there is a significant difference between that and being found lawfully 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.
Expert legal advice can help avoid conviction by highlighting many procedural, fairness and rights-based defences, even if you mored than the limit. An expert drink drive lawyer can also assist on the merits of seeking a discharge without conviction. Specialist legal advice can also make a significant difference in reducing risks, such as imprisonment, other restrictive sentences, car confiscation and disqualification.
Many individuals who are caught driving over the limit are regular people who have made an error of judgement. Most do not require a criminal conviction against their name or a restrictive sentence to learn 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, traveling, memberships, licensing, insurance and family members.
Drink driving procedure is exceptionally technical and complex, this can often bring about errors being made. Drink driving is just one of minority where you as the accused, by being asked to give a specimen of blood, are being required to take part in and grant provide evidence that can lead to you being prosecuted. That evidence has to be gotten using the correct procedures. Errors can and do happen. We have the specialist knowledge required to dissect a case and detect any type of such errors. A variety of procedural errors are so significant that they can bring about cases either resulting in a not guilty verdict at court or the case being dropped.
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