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News

The Christmas drink drive campaign – more stops, more prosecutions

None for The Road – the Christmas drink drive campaign

With Halloween and Bonfire Night behind us it now won’t be long before Christmas is in our sights and the Christmas party season gets underway. It means that it is now time for the Christmas drink drive campaigns from your local police forces.

We will now all be familiar with the national police initiative that coincides with this time of year. Once again the police will be targeting drink driving.   Forces across the country prepare for a spike in the numbers of those tested and arrested for drink driving and drug driving offences.  This in part is due to an increase in police patrols dedicated to seeking out drink drivers and part as a result of the time of the year.

The more visible presence is in order to deter those who may think about drinking and driving.

The impact of a drink drive conviction

People may not view these offences as particularly serious when judged against other types of offences.  What is not often understood is the very real impact that the consequences of a drink drive conviction can have.

Research shows that the loss of a driving licence leads, in a great many cases, to loss of employment. This in turn can lead to a loss of housing as bills cannot be paid.  Sometimes a disqualification from driving could be the final straw that breaks a relationship. The financial costs flowing from a driving ban will be felt for many years thereafter.   Insurance premiums will be greatly increased.

Driving the morning after

As experienced road traffic solicitors we also see a great many people who come before the courts with alcohol readings that are not particularly high.  This might be where offences have been detected the ‘morning after’.  In such cases, offences can be said to have been committed perhaps more out of ignorance than due to a wilful disregard for the safety of others.

A single error of judgment can have devastating consequences.

What is a safe level of drinking if I propose to drive?

No alcohol at all is the safest approach to adopt.  It ensures that when a driver gets behind the wheel, their reactions will not be impaired to any degree at all.

Crucially it also prevents the driver getting the guesswork wrong as to how much can be drunk before a person is over the limit.  It is this mistake that brings so many people before the courts.

There are urban myths in circulation such as ‘2 pints are ok’.  These have long since been proved to be false, as have back of the envelope calculations as to how long it takes alcohol to leave the body.  Sleeping of a heavy drinking session will not speed up the rate at which alcohol leaves your body.  A big meal may slow down the rate at which you absorb alcohol, but you will end up with the same amount of alcohol in your system.

Different people will deal with alcohol in different ways.  This can even vary for one person depending on a multitude of factors.  Merely feeling okay to drive is not a reliable indicator as to whether a driver is below the legal limit or not.

As we get merry, we reach a tipping point.  We can make foolish choices that will prove costly, sometimes not just measured in financial terms but in injury and even loss of life.

Think, before you drink, before you drive.

You do not hear a lawyer say this often – but we do not wish to see you this Christmas as a result of the Christmas drink drive campaign.

 

How we can assist with your drink drive case

If you do make a mistake and find yourself in trouble, there is a lot we can do to assist you.

The police must follow complex procedures to establish a case against you.  Our lawyers will be able to analyse the evidence to ensure that the procedures have been followed.  We can successfully challenge the evidence in your case.

A road traffic solicitor can also investigate issues such as ‘laced drinks’ which can raise the opportunity to avoid disqualification.  We will also consider other ‘special reasons’ that could be raised on your behalf.  This might include the shortness of distance that was driven.

Well-presented mitigation can make a real difference to the outcome. Even where a disqualification cannot be avoided, we can often achieve a reduction in length.

Legal aid might be available dependent upon your means and the circumstances of your case.  Alternatively, you will be able to fund your case through an affordable fixed fee.

Contact one of our drink drive solicitors at your nearest office if you are being investigated by the police or taken to court as a result of the Christmas drink drive campaign.  They will, of course, be able to discuss and other driving matters that you face.

Alternatively you can use the contact form below to ask for a call about your case.

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News

New machines target drink drivers with roadside breath tests

The government has announced its intention to use new breathalysers to administer roadside breath tests.  This move could see a further 6,000 convictions per year for those who drink and drive.

Roadside breath tests followed by evidential tests

At the moment, breath test procedures are in two stages.  Those who test positive during roadside breath tests will be arrested and taken to a police station.   This is for a further test to be administered.  The second test is known as the ‘evidential test’.  It is the result of this test that forms the basis of any prosecution decision.

The gap in time between the first positive roadside breath tests and the ones administered at the police station may be significant enough to ensure that a person blows a negative reading.   This would be due to falling alcohol levels over time.  In some cases, however, the reverse can also happen.

Although the law permits ‘back calculations’ to be undertaken,  the evidence base is such that they are seldom used by the prosecution in this scenario.  As a result it has been argued that some drink drivers go free.

The legislation providing a procedure for definitive evidential roadside breath tests is already in place.  In June 2018 the government has announced a competition aimed at device manufacturers, with the aim of ensuring that suitable devices are approved and in use for roadside breath tests by 2020.

Around 460 000 breath tests are conducted each year.  Approximately 59 000 people providing a positive reading.

Approximately 6 000 people provide a positive reading at the roadside but are later found to be under the limit when tested at the police station.  This change will see those people prosecuted.

In many instances these will be people who have ‘gambled’ on a quick lunchtime drink or have not allowed quite enough time to sober up from the night before.

The changes will also reduce the scope for so-called ‘loophole defences’.  These have been made popular due to the complexities of the police station procedure. It is expected that decades of case law will become redundant once the new devices are being used.

Experience does, however, tell us that legal challenges will continue to be developed even when other avenues of law are closed to suspects and defendants.

The penalties for drink driving are severe.  There are minimum periods of disqualification.  These can be combined with high financial penalties and punishing insurance premiums for many years to come.  Prison sentences will be imposed in the most extreme cases.  As a result, many offenders face the loss of employment.

How can we assist?

Our motoring solicitors are experts in all aspects of drink and drug driving law. This is one of the most complex areas of criminal law.  Early advice should be sought to ensure that you achieve the best outcome in your case.

In some recent cases we have successfully argued a medical defence to failing to provide a specimen, argued special reasons to avoid a disqualification from driving   and conducted  a trial securing a not guilty verdict for our client facing drug driving charges.

In some case, such as this one, our clients accept that they are guilty but wish to mitigate the usual effect of a conviction, such as a disqualification.

We have expert road traffic lawyers at our six offices across the East Midlands.  Find your nearest office here.  Alternatively you can use the contact form below.

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News

Driving ban avoided following successful exceptional hardship argument

Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where his client was at real risk of a driving disqualification. Kevin made a successful exceptional hardship argument on his behalf so a driving ban was avoided.

What is an Exceptional hardship argument?

All drivers will know that when they reach 12 penalty points they are liable for a minimum six month driving ban under the totting up procedure.

A driver can, however, avoid this disqualification if it can be shown that exceptional hardship would result from a disqualification.  If successful, a driver will be able to keep their license even though they have reached 12 penalty points.

The concept of “exceptional hardship” is not exhaustively defined by the law. It does, however, have to be more than an inconvenience caused as a natural result of a driving ban.

Issues that could amount to exceptional hardship may include:

  • Loss of a job resulting in loss of accommodation
  • An inability to get to any work due to geographical and public transport restrictions
  • Loss of employment of third parties due to a businesses having to close

A driver will usually have to give evidence to the court on oath to support the exceptional hardship argument.

Travel to Norwich Magistrates’ Court

Our client faced three separate sets of proceedings before three different courts.   It was important that Kevin ensure that all three cases were before a single court as his client wished to make an exceptional hardship argument to avoid disqualification.

This is because a successful argument cannot be put more than once in a three year period.  As a result, had the exceptional hardship argument succeeded in one set of proceedings, it could not have been argued in the other cases.

In any event, this client’s case was particularly complicated.  Kevin had to apply to set aside certain convictions and overturn a driving disqualification imposed in absence before all cases were finally listed before Norwich Magistrates’ Court.

Our client chose to instruct Kevin to travel to Norwich as he knew that he would put forward skillful legal argument on his behalf.

Our client left with 19 penalty points

Due to the nature of our client’s employment which took him all over the Country, he would have an argument to say that to disqualify him him cause exceptional hardship over and above that which will normally follow a driving ban.

Kevin advanced the exceptional hardship argument on behalf of his client.  Even though by now his client had 19 penalty points on his licence, this was the only way he could avoid a disqualification from driving.

Evidence on oath to support exceptional hardship argument

His client gave evidence to the court about the difficulties he would face if he lost his licence.  Perhaps significantly, he was also able to give evidence of the impact of losing his job on his partner and the risk of them losing their accommodation.

Fortunately for his client, Kevin made a successful exceptional hardship argument on his behalf.   The court then chose to exercise its discretion not to impose a driving disqualification. This meant that our client could continue driving.  There were, however, financial penalties and costs to pay as a result of these offences.

Kevin’s experience meant that he was unable to unpick the tangle of convictions to ensure that his client had an opportunity to avoid a driving ban.  His persuasive advocacy skills were then able to secure the result his client needed.

Representation by way of an affordable fixed fee

It is unlikely that legal aid will be available for a case like this.  Here, Kevin agreed a fixed fee with his client that included the expense of travel to Norwich.

In the event, this fee was a small price to pay in order that our client kept his driving license.

Contact a Chesterfield Motoring Law Solicitor

If you face a driving ban then you will require affordable advice and representation from an expert road traffic law solicitor.   Chesterfield road traffic law solicitor Kevin Tomlinson can be contacted at our Chesterfield office on 01246 283000.

Alternatively, there may be one of our other offices that is more convenient to you.  You can find the details of these offices here.

You can also use the contact form below.

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News

Drug Driving Offences – what you should know

What are the offences?

There are two drug driving offences:

  • Driving whilst unfit through drugs
  • Driving whilst over the limit for certain drugs

What is driving whilst unfit through drugs?

To be guilty of driving whilst unfit, the prosecution must prove:

  • You were driving (or attempting to drive or in charge of) a vehicle on a road or public place; and
  • You were unfit to drive; and
  • This was due to any drug (medication or illegal)

What is driving over the drug limit?

Since 2015, it has been an offence to drive (or attempt to drive or be in charge of a vehicle) on a road or public place with certain drugs in your blood above fixed limits. Limits have been set for 17 drugs, covering legal and illegal drugs.

Illegal drugs and the drug driving limit

The limits for illegal drugs are set very low, so that even trace amounts can lead to a prosecution. The limits do not provide any indication that the driver’s behaviour or ability to drive are affected by the drug. As these drugs are illegal, effectively a zero tolerance approach has been adopted.

drug driving offences illegal drugs
Drug driving offences – illegal drugs

Legal drugs and the drug driving limit

These are prescription or over-the-counter medications. Limits are set at levels where there is an increased risk of road traffic collision and are higher than would be expected in someone who has taken a normal dose as medicine.

drug driving offences legal drugs
Drug driving offences – legal drugs

 

What about prescription drugs?

The limits set for legal, medication drugs are lower than would be expected in someone taking a normal dosage of the drug.

For example, people taking Lorazepam as a prescribed medicine would normally have a blood concentration of 10-20 µg per litre of blood. The legal limit is set at 100 µg/L.

Even if your blood sample is over the limit for a drug, providing you are not impaired by it, there is a defence if the drug has been taken for medical purposes. This applies if:

• the drug has been prescribed or supplied for medical purposes; and
• it was taken in accordance with the instructions given; and
• the driver was lawfully in possession of it.

The defence cannot be used where the driver did not follow the instructions about the amount of time that should elapse between taking the drug and driving.

What are the penalties for drug driving offences?

If convicted of a drug driving offence, the court must impose a disqualification from driving for at least 12 months. This can only be reduced or avoided if the court finds that there are “Special Reasons” relating to the offence. The court cannot impose a ban for less than 12 months based on the hardship that would be suffered as a result of it. In addition, the court can impose the following:

• Prison for up to 6 months
• Suspended Prison Sentence
• Community Order
• Unlimited fine

What should I do if I am accused of drug driving?

drug driving offences legal advice
Nottingham road traffic law solicitor Graham Heathcote

These are technical offences and involve complicated procedures for the police to follow. Very often, there are mistakes made which mean there is a lack of evidence. Defence experts may be able to challenge the prosecution evidence.

If you would like advice about a drug driving allegation, contact one of the solicitors at your local office or Nottingham road traffic solicitor Graham Heathcote on 0115 9599550 or use the form below.

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