Drinking And Driving Offences
Have you been accused of drinking & driving?
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Drinking and Driving (drunk driving) is a serious offence and carries a mandatory ban for a minimum period of 12 months.
You can only avoid a drinking and drive 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.
The legal drink driving alcohol limit is 35 milligrams per 100 millilitres of breath.
Defences for Drinking and Driving Allegations;
- Showing that you were not driving.
- Denying that you were driving on a road or in a public place.
- Arguing that you consumed the alcohol that took you over the legal limit after you stopped driving (otherwise known as a hip flask defence).
- Denying that you were over the limit and arguing that the police evidence is unreliable.
Special Reasons Arguments
(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)
- Your drinks were laced without your knowledge and you didn’t realise that you were over the legal limit.
- You had to drive because it was an emergency and you had no other choice.
- 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
Offence Code: DR40
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..!
The drunk in charge of a vehicle driving offence 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.
Drink / Drive FAQs;
Have you been accused of drunk / drink driving? Do you deny drinking and driving?
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