drink driving

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.

Please click here for information on what happens if you have been caught drink driving.

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 Motoring Offences team at Blake Lapthorn has many years experience in defending motorists accused of drink driving 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.

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).

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.

case studies

drink driver has case dropped at Oxford Crown Court

Philip Somarakis of the Motoring Offences team acted for a client who appealed a drink driving conviction. He was involved in an accident and blood was subsequently taken from him for analysis. The police asked a forensic scientist to undertake a back calculation to try and prove that at the time of driving he was over the limit. However, the evidence from the police's forensic scientist was far from conclusive. In fact on one view, he would have definitely been under the limit. There is clear case law on this point which requires a court to be entirely satisfied that a person is over the limit, in order to convict based on back-calculation evidence. Our client was clearly aggrieved and appealed the decision of the Magistrates Court to convict him. In the Crown Court, the drink driving appeal was not opposed by the prosecuting barrister, who couldn't understand why the case was brought in the first place.

Please click here to view other drink driving case studies.

For more information, please contact Philip Somarakis, a partner in the Motoring Offences team, on 01865 254277; email philip.somarakis@bllaw.co.uk.