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Drink driving carries harsh penalties, a criminal record and is frowned upon by many people and by employers or potential employers too.
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The legal limits for drink driving are:
The prosecution must prove that an individual drove, or attempted to drive on a road or other public place, after consuming alcohol and that the amount of alcohol consumed was above the legal limit
Penalties for driving;
A mandatory disqualification of a minimum of 12 months will be enforced upon conviction. If you have a previous disqualification in the last 10 years, this will increase to a minimum 3-year disqualification. 3-9 penalty points may be endorsed onto your driving licence as well as being subjected to a financial penalty. You may be offered the opportunity to go on a voluntary course (Drink Drive Education course), which will reduce the length of your disqualification by 25%.
Defences
“Hip flask” defence – you will need to show that you were only over the prescribed limit at the point of the police procedure being carried out, due to the amount of alcohol consumed after driving and prior to being arrested by the police.
As from the 2nd of March 2015 a new law came into effect which introduces offences for drug driving. The offence of driving whilst unfit through drugs requires the presence of drugs and evidence of impairment which is often difficult for the police to prove. The new law works on the same principal as the drink driving offences with specified levels and excess will result in prosecution.
Penalties;
The offence carries a mandatory 12 months disqualification, maximum of 6 months imprisonment and a fine up to £5,000.00
Only the presence of a drug in the blood, above the specified levels will be required by the prosecution to prove their case. The prosecution are no longer required to show that the driving was impaired at the time.
Defences;
Where the presence of a medically prescribed drug is detected, there is a medical defence. If you have been accused of drug driving, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
Come in for a FREE consultation and allow us to alleviate any concerns you may have.
If you have been accused of drink driving, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
If you are arrested and taken to a police station, this can be a very frightening and overwhelming experience, if you are unaware of the procedures and protocols.
The decisions you make at the police station can be crucial and detrimental to your future. It is imperative that you request for Tyler Hoffman Solicitors at the first available opportunity so we can further protect your position from the point of initiation.
If you are facing a driving disqualification, our solicitors can guide you through the appeal process. We will review the circumstances of your ban, advise on the likelihood of a successful appeal, and represent you at the appeal hearing, aiming to get you back on the road.
Charges of driving under the influence of alcohol or drugs are serious and carry severe penalties. Our team can advise on defence strategies, such as questioning the accuracy of test results or the legality of traffic stops, to protect your licence and your freedom.
Being in charge of a vehicle while above the legal limit can result in significant penalties. We can help by examining the specifics of your case to argue that there was no intention to drive or identifying other mitigating factors that could lead to a more favourable outcome.
We will explore all avenues of defence, including cases of administrative oversight or special circumstances, to minimise the impact on your life.
Dangerous driving is a grave offence that carries the threat of potential imprisonment. Our solicitors work to challenge the prosecution's definition of "dangerous" driving, negotiate lesser charges or argue for mitigating circumstances to reduce penalties.
These are among the most serious motoring offences and often result in lengthy prison sentences, even if the driver makes a guilty plea. Our compassionate and skilled solicitors provide a robust defence and ongoing support through these complex and emotional cases.
We can assist if you are accused of driving without valid insurance. We will explore defences such as insurance provider errors, and aim to avoid points on your licence or other penalties.
While driving without a valid MOT certificate is often a non-endorsable offence, it can lead to complications. Our team can help, especially if there were mitigating circumstances that led to you being unable to make or arrange your MOT.
Failing to stop after an accident or failing to report an accident can carry significant penalties. We can advise on the best course of action, and potential to mitigate penalties by demonstrating your willingness to cooperate or confusion about your legal obligations.
If you are charged with failing to produce driving documents, we can help by negotiating with authorities or demonstrating that the failure was not intentional. This often results in reduced fines or penalties.
We are experienced with the complexities surrounding notices of intended prosecution and can advise on responding appropriately, so you can potentially avoid further charges or penalties.
Being the most common type of driving offences, our solicitors have a wealth of experience in dealing with speeding offences, challenging evidence, and arguing for mitigating circumstances to avoid points or disqualification.
Accumulating 12 or more penalty points within three years can lead to disqualification. We can argue on grounds of exceptional hardship to prevent disqualification, focusing on the impact it would have on your life.
With strict penalties for mobile phone use while driving, our team can challenge the prosecution's evidence or argue for mitigating circumstances and aim to protect your driving privileges.