Legal Defences

Driving with Excess Alcohol

Private land

Where you only drove on a private road or car park, the offence of drink driving is not committed as the vehicle must be driven on a public highway. Some car parks are open to the public but have limited class of users. In this case you may escape a conviction for drink drive.

 

"Hip Flask" Cases

Some motorists are arrested at home or elsewhere for drink drive offences having consumed alcohol after leaving their vehicle. We can calculate what your reading would have been without the additional drink. In these cases the motorist may avoid both a conviction and a ban.

 

Duress of circumstances

This is similar to special reasons where there may be some compelling reason why the driver took to the wheel. However, where the driver fears life or serious harm to himself or someone else this may amount to a legal defence which may avoid not only a ban but also a conviction and criminal record.

 

Insufficient evidence

Sometimes the police are unable to prove basic elements of the offence of drink driving, such as driver of the vehicle. Sometimes the only evidence of driving will be a roadside confession by the driver. If the driver has not been given their rights before admitting to being the driver we can stop the police using this evidence and argue there is no case to answer.

 

Failing to provide a sample

Medical Issues

Where blood is requested by the police, a genuine fear of needles may amount to a defence to a charge of failing to provide a specimen of blood.

Where you have been prevented from providing a sample due to breathing difficulties e.g. asthma the police are required to offer you a blood or urine sample.

Where you were anxious or suffering panic attacks you may have a reasonable excuse for failing to provide a sample.

The police cannot ask for a sample if you are too heavily intoxicated to the extent that you are unable to understand the instructions given to you, or you are unable to co-operate with the police.

 

Operator Error

Some police officers operating the breath test device misunderstand error messages from the breath test device and incorrectly assume that you are being obstructive. Our experts will check the tapes from the breath test suite to see if this is something that can be argued.

 

Language problems

If you have language difficulties which prevented you from understanding the process then you may have a full legal defence.

 

Drunk in Charge

Your intended time of driving

Where you are charged with being ‘drunk in charge’, you may avoid a driving band if it can be shown that your alcohol level would have been below the legal limit at the time you intended to drive. We can calculate your alcohol level to support your case.

 

See Also: Special Reasons - Mistakes in Police Procedure - Reduction of Driving Bans