Many individuals who are caught driving over the limit are regular people who have made an error of judgement. Most do not require a criminal conviction against their name or a restrictive sentence to gain from their mistake. A criminal conviction for drink driving can have very real consequences past the immediate sentence and disqualification, such as issues with work, traveling, memberships, licensing, insurance and family.
Drink driving offences are dealt with seriously by the courts. Many unrepresented defendants get a shock when entering a straight guilty plea. While you may feel in the wrong morally, there is a significant difference between that and being found legally wrong. A criminal conviction for drink driving is forever. Sentences can include imprisonment or other restrictive sentences, as well as permanent confiscation of cars and lengthy disqualifications.
Often, where the procedure can appear to be followed on the face of the facts of the case; it is necessary to put every one of those facts into context. For instance, after a road traffic accident where someone endures an injury that leaves them dazed and confused, it may be that they do not have the relevant capacity needed to understand what is happening. In such a case it can be argued that the procedure, although on the face of it has been handled, has not been fully comprehended and is therefore void. Visit here is an area of law that requires a comprehensive technical knowledge that our specialist lawyers at Stephensons have in wealth.
Drink driving procedure is very technical and complex, this can often result in errors being made. Drink driving is among the few where you as the accused, by being asked to give a specimen of blood, are being required to participate in and consent to provide evidence that can lead to you being prosecuted. That evidence needs to be gotten using the correct procedures. Errors can and do happen. We have the specialist knowledge required to dissect a case and detect any type of such errors. A number of procedural errors are so significant that they can result in cases either causing a not guilty verdict at court or the case being dropped.
The consequences of drink driving are widely known. Most individuals have an understanding that it implies a ban upon conviction. For very first time offenders it is, actually, a minimum 12 month disqualification going up to as long as 3 years in more significant cases. Alongside a ban there is an additional part of the penalty that will see you face a penalty or depending upon the seriousness even a community order or prison sentence.
There are many ways to defend drink driving charges. Don’t let any individual tell you there are no or only limited defences to drink driving charges. That is just wrong. The Supreme Court has said that police will only be given “limited dispensation from the very certain requirements” imposed on them when testing a motorist. Many hundreds of drink driving cases have been successfully defended.
Legal advice from an expert drink drive lawyer can make all the difference. Drink driving is a highly technical and specialised area of law. Few lawyers have a real grasp on drink driving defences and ways to avoid conviction and disqualification. Other drink drive lawyers give Alistair hard cases for a reason.
Expert legal advice can help avoid conviction by highlighting many procedural, fairness and rights-based defences, even if you mored than the limit. An expert drink drive lawyer can also assist on the advantages of seeking a discharge without conviction. Specialist legal advice can also make a significant difference in minimising risks, such as imprisonment, other restrictive sentences, lorry confiscation and disqualification.
Not all drink driving offences involve a breathalyser at the police station. Many involve a specimen of blood or urine being taken by a police doctor or nurse and sometimes not even at a police headquarters. When cases move far from the more common process of providing a specimen of breath on a police headquarters breathalyser then procedures automatically come to be more complex with additional stages needing to be taken care of, often by a number of different people. Whilst safeguarding drink driving charges is complex and complicated, the police process of collecting the evidence in the correct method can often be just as complicated and entailed for a number of reasons. We can vigorously scrutinise this process.
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