Drink Driving | In Charge Whilst over the Limit | Drinking and Driving / Drunk Driving
Have you been accused of drink driving?
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You can only avoid a drink driving ban if you can defend the allegation, or if you can prove that their were special reasons in relation to the reason why you were driving whilst over the limit.
Breath Readings.
The legal drink driving limit is 35 milligrams per 100 millilitres of breath. If your breath reading is under 50 milligrams then you will be offered a blood or urine test to double check the breath reading. If your blood reading comes out above the drink driving legal limit of 80 you will be charged with drink/drunk driving.
Some defences to drink driving.
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Showing that you were not driving.
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Denying that you were driving on a road or in a public place.
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Arguing that you consumed the alcohol that took you over the drunk driving limit after you stopped driving (otherwise known as a hip flask defence).
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Denying that you were over the limit and arguing that the police evidence is unreliable.
Some special reasons argument for Drink Driving.
(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)
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Your drinks were laced without your knowledge and you didn't realise that you were over the drink driving limit.
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You had to drive because it was an emergency and you had no other choice.
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You only drove a very short distance and you didn't put any other drivers/pedestrians at risk.
In charge of a motor vehicle whilst over the drink driving limit.
This offence normally occurs when you get caught sat in your car with the keys and you are over the drunk 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..!
The 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. In order to do this you are going to have to get a pharmacologists' report to show how long it would have taken for the alcohol to reduce below the limit.
Have you been accused of drunk/drink driving? Do you deny drink driving?
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This article relates to a recent victory at court. The case does not set a precedent - but it shows that if handled with care it is possible to avoid points in a no insurance case where no one else was at fault.
Read on......