Drink-driving
In
most cases a drink driving conviction means a compulsory
disqualification of at least 12 months or more, as well as a fine. In
extreme cases the Court may even consider prison. With our advice you
may receive a shorter ban, or even save your licence.
In many cases Legal
Aid will be available. The length of the ban usually depends
on factors such as how far over the limit you were and whether you
have previous convictions
If you were banned more than two years
ago we can usually apply to the Court for removal of the disqualification and we
have successfully done so in many cases.
Just because the breathalyser says you
are over the limit, doesn’t automatically mean that you will lose your licence.
Although the machine is normally reliable, it does occasionally malfunction and
the police don’t always follow the correct procedures. This may provide a
defence and we will check the prosecution evidence against you. If appropriate
we will advise you about other possible defences, such as mistaken identity and
post-incident consumption. Similarly, we can advise about putting forward
“special reasons” to avoid a ban. For example are if you were driving in an
emergency, or the distance was very short, or you believe your drinks may have
been laced. If forensic or expert evidence is required we can obtain it for you
and in most cases the cost will be covered by Legal Aid.
If you were unable to provide a
specimen, (usually breath or blood), and have been charged with failure to
provide, we can obtain any necessary medical evidence on your behalf. The cost
will usually be covered by Legal
Aid.
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