Drink Driving

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Any person driving a mechanically propelled vehicle on a public road or any other public place in the UK and who is over the legal drink-drive limit commits an offence.  This will lead to a disqualification for a minimum of 12 months and/or a fine, prison or community sentence.

If a driver is in charge of a mechanically propelled vehicle in a public place then he or she may lose their licence and face the possibility of being dealt with as above.

Both of these charges have to be dealt with in the Magistrates Court.

Over the years since the original implementation of drink-drive legislation there has been a gradual closing down of legal loop-holes to the extent that there now is considerably less room for manoeuvre than was the case hitherto.  However, there are defences available, provided for both by statute and under circumstances where, for example, the statutory procedures have not been followed, or a driver gives a reading which, though in excess of the legal limit has been arrived at through extraneous circumstances.  These could include for example, the taking of drink after the driving has been completed or a defect in the breathalyser equipment used by the police.

A drink drive rehabilitation scheme also exists which can be applied at the discretion of the courts and which, if offered and successfully completed, leads to a 25% reduction in the length of the disqualification imposed by the court.

A driver might also be able to offer the existence of Special Reasons which, if successfully argued, can have consequences regarding whether or not any disqualification should be imposed or whether any disqualification can be reduced below the statutory minimum.

16th August 2018

Sarginsons Law