Many individuals 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 gain from their mistake. A criminal conviction for drink driving can have very real consequences past the immediate sentence and disqualification, such as issues with employment, travel, memberships, licensing, insurance and family.
Drink driving offences are treated seriously by the courts. Many unrepresented defendants obtain 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 legally 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.
Often, where the procedure can appear to be followed on the face of the facts of the case; it is necessary to place all of those facts into context. For instance, after a road traffic accident where someone 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 wealth.
The consequences of drink driving are widely recognized. Many people have an understanding that it suggests a ban upon conviction. For very first time offenders it is, as a matter of fact, a minimum 12 month disqualification going up to as long as 3 years in more major cases. Alongside a ban there is an additional part of the penalty that will see you face a fine or depending on the seriousness even a community order or prison sentence.
There are many ways to defend drink driving charges. Do not allow any individual tell you there are no or limited defences to drink driving charges. That is merely wrong. The Supreme Court has said that police will only be given “limited dispensation from the very specific requirements” imposed on them when testing a motorist. Many countless 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 qualities of seeking a discharge without conviction. Specialist legal advice can also make a significant difference in minimising threats, such as imprisonment, other restrictive sentences, vehicle confiscation and disqualification.
Legal advice from an expert drink drive lawyer can make all the difference. Drink driving is a highly 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.
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 far from the more common process of providing a specimen of breath on a police headquarters breathalyser then procedures automatically end up being more complex with additional stages needing to be dealt with, often by a variety of different people. Learn More protecting drink driving charges is complex and complicated, the police process of collecting the evidence in the correct way can often be equally as complicated and entailed for a number of reasons. We can vigorously scrutinise this process.
Drink driving procedure is extremely technical and complex, this can often cause errors being made. Drink driving is just one of the few where you as the defendant, by being asked to give a specimen of blood, are being required to take part in and consent to provide evidence that can cause you being prosecuted. That evidence has to be obtained 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. A variety of procedural errors are so significant that they can bring about cases either resulting in an innocent verdict at court or the case being dropped.
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