Have you been arrested for drinking and driving?
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Drinking and Driving is covered by Section 4(1) & Section 5 of the Road Traffic Act 1988
(if second offence is within 10 years of first)
(These are not a defence but you may be able to show that there are special reasons in your case and that you shouldn't be banned for drunk driving. A special reasons argument is like a trial and you have to give evidence on oath). Often considered to be getting off drink driving on a technicality.
The 'in charge of a vehicle' offence normally occurs when you get caught sat in your car with the keys while you are over the drinking and driving limit. People sometimes thinks its okay to sleep in their car rather than drive home - which might seem like a good idea at the time..!
Being drunk in charge of a vehicle carries 10 points and the power to impose a discretionary ban if you are caught. You can defend this allegation if you can convince the court that you wouldn't have driven until the alcohol in your system had reduced below that of the legal limit. A pharmacologists' report to show how long it would have taken for the alcohol to reduce below the limit.
Graham, I would just like to put in writing how pleased we are with your legal services. The preparations for the defence have been very thorough and detailed and we can't fault that in any way. I was very impressed with the level and volume of detailed case law that you were able to bring to bear, including the changes prepared to mitigate the very late evidence that the CPS tried to introduce. I would therefore just like to convey may heartfelt thanks for all of your efforts along the way keeping us informed on progress and which eventually lead to the CPS offering no further evidence and the case being dropped Without your expert help it could have been a very different outcome, which would have been a travesty of justice as there was never any intention to drive I would also like to express our thanks to Joseph Byrne, the Barrister you instructed to represent Chris at the hearing. He was extremely well prepared and VERY knowledgeable on our case and the points of Law surrounding it. He ran rings around the CPS Barrister who appeared to be very poorly prepared. Once again to you and your team and to Joesph Byrne, thank you.
You were simply superb defending me, thank you.
Thank you Graham. Your sensitivity and understanding was of great help to me. Never again! Please pass on my thanks to everyone who helped me. I am on the mend finally.
Two Drink Drive Allegations in 2 years - Both defended successfully. First offence I registered 153 mg's and faced a sentencing guideline of 12 weeks imprisonment, disqualification, fines etc. as it is over 4 times the limit - I received; 100 Hrs community service, £85 Costs ( The minimum the CPS can ask for!), £60 Victim surcharge, no points and no disqualification. Second offence; a vehicle I & 9 others have access to was involved in a damage only accident. Police came to my house & I blew 149 which is over four times the limit, but I had been drinking all day out on foot and indoors prior to my arrest as it was new years eve. The case against me was immediately withdrawn in court, in that it failed the Crown Prosecution Service code for prosecution. Without your legal advice I would have been hung out to dry on both occasions. Thank you to everyone who helped me.
Excellent service and professional handling of a delicate situation. Both Dan & Emma are excellent and sympathetic.
I initially got in touch with you for some advice and a quote based on my case. I felt so at ease when speaking to Joanna that it was an easy decision for me to instruct the company. Joanna was excellent throughout my case, giving me advice, replying to my emails and calls pretty much straight away and always making things as easy as possible for me. She was very personable and always put things in laymans terms for me. A massive plus when going through such a period of uncertainty. Nothing was too much hassle. Massive thank you to Joanna and all your brilliant team.
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