We adopt a methodical seven stage process to avoid a driving ban
We will assess your case to see if any of the following general defences apply.
If the vehicle is on a private road or car park you will have a defence as the law requires the vehicle is in a public place for the offence to be committed. Some car parks have restrictions for example patrons only or there may be private land signage or the road may be used too infrequently by the public for example remote council owned tracks or cul-de-sacs. In one case decided by the Courts, a university campus was held to be private land when used outside of normal hours.
If drugs are taken after driving the vehicle we can calculate what your level would have been without the post driving drug use. You will have a defence if the calculations show your level is below the specified limit. The prosecution may offer no evidence with a favourable scientists report
A patient will have the medical defence if the drug was prescribed for medical or dental purposes and taken in accordance with advice given by the person who prescribed or supplied the drug, and written instructions.
Where the driver fears life or serious harm to themselves or someone else this is a defence which may avoid disqualification and a criminal record. In other cases of emergency this may amount to special reasons to avoid a ban (see special reasons).
Being found inside the vehicle or near the vehicle may amount to evidence of in charge above the specified limit (which usually carries 10 points) but not drug driving. Sometimes the only evidence of driving will be verbal exchanges with the police which may not be used as evidence against you if you have not been cautioned. Even with admissions in interview at the police station we can apply to the court to exclude this evidence and argue there is no case to answer where the police fail to explain your right to speak to a solicitor by phone when a face to face has been declined.
If these legal defences do not apply or are not successful we can still attempt to avoid a ban by challenging police station procedure.
We can view the video footage from the arrest, booking in and specimen procedure to assess whether there are serious and substantial mistakes in police procedure.
In this situation the court has the power to exclude the crown's case, resulting in dismissal of the charges.
The client was prosecuted for driving above the specified limit in cannabis. The issues in the case were continuity and reliability of the blood sample as the container was not shaken for 30 seconds. Neil Blackaby (reviewing lawyer) raised disclosure issues throughout the case including non service of the unused material. After rejecting the SFR2 (level 2 forensic report), the statement from the health care professional and opposing an application for the analyst to give evidence by live link the prosecution discontinued the charges before trial.
The client was prosecuted for driving above the specified limit in cannabis. The issues in the case were the failure by police to notify the client how to have the sample independently tested and ask if there were medical reasons why blood should not be taken. There were also continuity issues as to the storage of the sample and the SFR1 (level 1 forensic report) had no name for the scientist who carried out the analysis. The case was discontinued before trial after written representations by Sandra Cooper (reviewing lawyer) that as the datapack had not been served the prosecution had failed to comply with criminal procedure rules.
The court has the power to exclude the crown's case as a result of unlawful arrest or from the conduct of the arresting officers.
Here are some examples
A high proportion of successful cases are achieved where it is not possible to have a fair trial because the police fail to provide the SFR/2 (streamlined forensic report) or video footage or documentation to comply with their disclosure duties.
The courts have ruled the crown's case may be excluded in its entirety in this situation.
If we are unable to prepare your case due to the prosecution failing to supply evidence you are entitled to an acquittal.
Here are some examples
R v HD – Stratford MC.
The client was charged with driving above the specified limit in cannabis. Sandra Cooper (reviewing lawyer) made written representations to the prosecution for the case to be reviewed as the police had failed to serve an SFR2 (level 2 forensic report), full analytical data
R v RJ – North Tyneside MC.
There was no interpreter at the police station. Case dropped before trial due to the prosecution failing to comply with the duty to serve unused material.
R v MA – Camberwell Green MC.
Client had not consumed sufficient alcohol to exceed prescribed limit. Case dropped before trial after the prosecution failed to serve the CCTV from the breath test room.
In some cases we can persuade the CPS to drop charges saving you the expense and worry of having to attend Court. Here are some example cases dealt with by the firm
RR v ZU – Manchester and Salford MC.
The client was charged for driving above the specified limit in cannabis. The nurse had taken a blood sample despite pain and discomfort caused from abortive attempts to find a vein. It was submitted there were medical reasons for abandoning the specimen procedure and the continuity of the chain of custody in relation to the blood sample was in dispute. Laura Heywood (reviewing lawyer) persuaded the prosecution to discontinue the charges after they failed to provide the SFR2 (level 2 forensic report) and data pack for the use of the defence expert.
R v MH – Wimbledon MC.
The client was prosecuted for driving above the specified limit in cannabis. The issues in the case were continuity and reliability of the blood sample as the container was not shaken for 30 seconds. Neil Blackaby (reviewing lawyer) raised disclosure issues throughout the case including non service of the unused material. After rejecting the SFR2 (level 2 forensic report), the statement from the health care professional and opposing an application for the analyst to give evidence by live link the prosecution discontinued the charges before trial.
This can be a quick way of resolving the case at the first hearing without the need for a trial.
You have the option of offering a guilty plea to a less serious offence namely drunk in charge where the prosecution agree to drop the drink driving offence. This may result in 10 penalty points instead of an automatic driving ban.
Here are some examples.
R v JJ – Kings Lynn MC.
The client was prosecuted for driving above the specified limit in cannabis. The issues in the case included whether there was sufficient evidence of driving. The client had given a confession after a false assurance by the officer that he would be dealt with as in charge not drug driving. Sneha Shrestha (Platinum lawyer) persuaded the prosecution to discontinue the driving allegation at the first hearing with 10 penalty points for being in charge instead of the mandatory ban for drug driving.
Special reasons may avoid a driving ban where no legal defence is available. In some cases even a criminal record may be avoided and your legal fees reimbursed where the court agrees to an absolute discharge.
Here are some examples
You may have believed at the time of driving you had no choice but to drive despite having misused drugs. Where this happens you may be able to argue “special reasons” as a way of avoiding a driving ban. The typical cases involve some kind of emergency. Cases have been upheld for medical reasons e.g. getting someone urgent medical treatment, to avoid threat of personal safety or that of others, and where clients have driven due to concern for missing children.
The Courts can find special reasons to avoid a driving ban where you have driven a short distance so that there was no significant risk to other road users.
If someone added an illegal substance to your drink we may argue special reasons against a ban on your behalf. Alternatively passive smoking may amount to special reasons in some circumstances.
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Spend just 5 to 10 minutes with us answering a few questions about your case and give yourself the possibility of avoiding a criminal record and driving ban.
We are open for calls any day until 9pm
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OR click here to Email for free advice now
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