Tag Archives: disqualification

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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 christmas drink drive campaignspike 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 christmas drink drive campaignimpaired 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.

christmas drink drive campaign legal advice

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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Drink Driving – the reality

Many people have an image of a typical drink driver. Perhaps the image is of an overweight man, staggering from the pub after an all-day session and getting into his car. A few minutes later that car being pulled over by police officers due to erratic driving.

Although that is sometime the story behind a drink driving case. it is not the most common one that we see. It is more likely to be similar to Sue’s story.

drink driving

Sue leaves the party, sensibly gets into a taxi and later catches a few hours sleep before the next workday begins.

She feels a little tired but otherwise perfectly fine. Sue embarks on a leisurely drive along a familiar route until out of nowhere a car appears. Her journey is broken by the sound of scraping bumpers and an angry motorist demanding insurance details. A miserable start to her day!

On the plus side, nobody is hurt, it’s a simple insurance job.

That is until the traffic chaos catches the attention of a passing patrol car.

drink driving offences

Sue’s nightmare is about to begin

Ten minutes later Sue is in handcuffs on her way to a police station. Eight hours later she is charged with drink driving. Two days later she has been banned from driving for 18 months and shamed in the local paper.

A vast number of people find themselves before the court as a result of the ‘morning after’ effects of alcohol consumption. Whilst we can make assumptions about the average time it might take for alcohol to leave our system, these are rarely accurate in real life. The drink drive limit is quite low, so there is little margin for error. Even quite moderate alcohol consumption in the evening can leave you over the legal limit the morning after.

Otherwise sensible, law-abiding and hardworking people find themselves before a court facing not only a loss of licence but sometimes a loss of employment as well.

driving disqualification

How we can help

We would sooner not see you at all, but if you do face court proceedings, do not confront them alone. We all make mistakes.

Contact your nearest office here.

Alternatively you can use the contact form below.

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Failing to provide a breath specimen – the law and defences

failing to provide a specimen of breathIf you are suspected of driving with excess alcohol in your body, you may be asked to provide a breath sample at the roadside. If that sample is positive, you are likely to be arrested and take to the police station.  Failing to provide a breath specimen may mean you commit a separate offence.

Why do I have to provide another specimen at the police station?

 Once at the police station you will be asked to provide an evidential sample of breath, the sample taken at the roadside is just a preliminary test to see if you are over the limit.

failing to provide a breath specimen

But I wasn’t over the limit or driving!

 It is crucial to note that the fact you were not driving does not mean that you can refuse to provide a sample of breath, nor does it matter if you weren’t over the limit.

If the police have reasonable grounds to suspect that you were driving and you refuse, so failing to provide a breath specimen without good reason, you may be guilty of the offence.

 What if I can’t provide a breath sample or the machine is broken?

 If it is accepted, for whatever reason, that you cannot provide a breath sample, you will be asked to provide a sample of blood or urine.

Failure to provide the requested sample without good reason is an offence. Which sample is requested (blood or urine) is at the officer’s discretion and is not for you to choose.

What if I wasn’t warned?

 You have to be warned that failing to provide a breath specimen or other sample is is an offence.  If the warning is not given this may be a bar to conviction.  As a result it is important that you seek early legal advice.

 What is a refusal?

 A straightforward refusal , or not trying hard enough constitutes a refusal and the offence of failing to provide a specimen of breath.

The taking of a sample cannot normally be delayed for you to be given legal advice although the police may allow that to happen.

Examples from cases where reasonable excuse has not been found include the following:

  • a desire to see a doctor
  • the illegality of detention
  • mistake
  • religious belief
  • the sight of blood
  • stress.

Is there a defence to failing to provide a breath specimen?

It is a defence to show that you had a reasonable excuse for failing to provide a breath specimen. A medical reason such as asthma or a genuine needle phobia could constitute a reasonable excuse.

What is the sentence on conviction?

 failing to provide a specimen of breathA conviction will result in a mandatory driving disqualification of at least 12 months and is often in the region of 18 months or longer.

If you have a previous conviction in the last ten years for a drink or drug driving offence, the minimum disqualification will be three years.

As well as a driving ban you could be fined, given a community order or sentenced to up to 6 months in prison.

Will it different if you were not driving?

 If you were suspected of being in charge of a vehicle before failing to provide a sample rather than driving, the penalty is different.

You may still be disqualified, but if the court chose not to, they would impose ten penalty points. The maximum prison sentence for this offence is three months.

Instruct an expert motoring law solicitor

As you can see, a conviction for failing to provide a breath specimen can have serious consequences and the law relating to defences can be complex.

As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

An example of how we have defended a case recently can be found here.

We made representations to have a prosecution discontinued in this case.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

 

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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

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.

roadside breath tests

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.

roadside breath tests

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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Company directors disqualification – the hidden penalty on sentence

Our clients will turn their mind to what punishment they might receive if they plead guilty to, or are convicted of, a criminal offence.  In most cases the thought is whether it might be a prison sentence, a community penalty, or a hefty fine and perhaps not a directors disqualification.

While the substantive penalty is, of course, important, on occasion there are other things more serious to consider. In previous articles, we have looked at issues such as confiscation, and in this article, we consider a company directors disqualification.

What do business people need to consider?

The Company Directors Disqualification Act 1986 provides that a court may make a disqualification order where a person is convicted of an offence which is concerned with the mismanagement of a company.

There are a wide number of scenarios catered for under the Act.  As a result the actual circumstances must be considered with care. In certain situations, offences committed abroad will also qualify, as set out in section 5A of the Act.

directors disqualification

What conduct is relevant?

Both the internal and external management of the company are relevant to section 2(1) of the 1986 Act (Corbin (1984) 6 Cr App R (S) 17).  A director’s general conduct in running the affairs of the business is also relevant (Georgiou (1988) 10 Cr App R (S) 137).

The court has extensive discretion in relation to most offences:

‘This is a completely general and unfettered power given by Parliament to courts on the occasion when a person is convicted of an indictable offence of that type. Parliament has decided not to give the sentencing court any guidance as to the way in which it ought to exercise its powers of disqualification in the very many and varied circumstances in which it may come to exercise those powers” (Young (1990) 12 Cr App R (S) 262).

What is a ‘disqualification order’?

The effect of the order is to prevent a person being involved in the future affairs of [any] company:

  • he shall not be a director of a company, act as receiver of a company’s property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless (in each case) he has the leave of the court, and
  • he shall not act as an insolvency practitioner.

How long does the order last?

An order made by a Magistrates’ Court can be for no longer than five years.  An order made by the Crown Court must be no longer than fifteen years, although in relation to some offences there is a shorter time frame specified.

The Court of Appeal has on occasion supported the making of lengthy orders, for example, one lasting eight years in R v Singh-Mann and Others [2014] EWCA Crim 717.

Will a guilty plea make any difference as to the length of the order?

A guilty plea will not act to reduce the disqualification period.  This is because the discount for an early plea does not apply to ancillary orders (Clayton [2017] EWCA Crim 49, [2017] All ER (D) 71 (Jan)).

It is, however, inappropriate to order disqualification where the offender is conditionally discharged (Young (1990) 12 Cr App R (S) 262).

It may be inappropriate for a court to order compensation to be paid by a director who, by virtue of the making of this type of order, will be deprived of the ability to earn a living (Holmes (1992) 13 Cr App R (S) 29).

What happens if I breach the order?

Imprisonment of up to 2 years may be imposed if an order relating to a directors disqualification is breached.

How we can assist in a directors disqualification case

We are experts in all aspects of criminal law.  As a result we are well placed to advise you if the above provisions relating to a directors disqualification might be invoked in your case. If you have any concerns or simply to discuss any aspect of your case, then please contact your nearest office here.

directors disqualification

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Taking points for someone else and perverting the course of justice

One of the most serious offences that can come before a court is ‘perverting the course of justice’, this is because it strikes at the very heart of the justice system.  Such offending includes taking points for someone else.

taking points for somebody elseDue to its seriousness, immediate custody almost always follows, yet there are a surprising number of people who commit this offence, thinking that they will easily get away with it.

“Offences of perverting the course of justice are intrinsically so serious that they will almost always attract an immediate custodial sentence unless there are exceptional circumstances justifying a different course” (R v Cronin (2017)).

Know a family member sitting on nine penalty points?

The scenario is a common one.  One person in the family already has 9 points on their driving licence.  A Notice of Intended Prosecution drops through the door in relation to a further road traffic offence.

taking points for someone elseThe new road traffic offence on its own is likely to be relatively minor.  It will only result in 3 penalty points and a modest fine. But, in this instance, due to the previous points on the licence, it may well result in a driving disqualification.

It may be that another family member with a clean licence thinks about taking points for someone else.  The thought process might go – how easy would it be for another person to take the blame?  Abe made to name a relative abroad.   Who would possibly find out?

Of course, the first mistake here is the belief that you will not be caught taking points for someone else.

In reality, however, the police take a keen interest in these cases, and often it requires only a modicum of detective work to reveal the true offender.

The consequences of the offending

taking points for somebody elseThe consequences of taking points for someone else can be horrendous.  The points follow, as does the disqualification which now becomes a reality with no realistic prospect of arguing exceptional hardship.  Worst of all, two people are arrested, possibly in the early hours, in front of friends and family, maybe even young children.

And finally, a prison sentence follows.  All to avoid a few penalty points.

Considering taking points for someone else?

The irony of the situation as set out above is that in many cases the driving disqualification could have been avoided.  This is particularly true if early advice had been obtained from an experienced road traffic law practitioner.

Many otherwise decent hardworking people find themselves before the court through decisions made in panic. Before acting always seek advice.

Contact your nearest office to speak to one of our expert road traffic lawyers about your case.

taking points for someone else

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Chesterfield solicitor mitigates in drink drive case

With Christmas fast approaching the yearly anti-drink driving campaigns will soon be splashed across TV, Radio and Social Media.  You can find more information about that here, but we simply repeat the advice relating to drink drive:

  • the easiest way to avoid problems is not to take any alcohol before you drive
  • be very careful the next morning and consider public transport if you have been drinking the night before.

drink drive legal aid solicitor ChesterfieldWe know, despite people being aware of the advice.  people still make mistakes.  In most cases this involves a momentary lapse in judgement from a person who has never been in trouble with the police before.  A conviction for drink driving can have a serious impact on an individual and have a very real effect on their life.

We will  try our best to minimise this impact where possible.  This might be by fighting the allegation at trial or putting forward effective mitigation on sentence.

Chesterfield Criminal Solicitor David Gittins is regularly before Chesterfield Magistrates Court representing his clients in such cases.  He  was recently instructed by a client who had been involved in an accident whilst drink driving.  As a result he faced a custodial sentence. Due to David’s assistance his client was able to avoid a prison sentence.

The Allegation

legal aid drink drive solicitor chesterfieldDavid’s client had been charged with drink driving following a road traffic incident.  She had driven into the rear of a vehicle before driving off.  She was followed home by a member of the public who had realised she was drunk.  As a result the police were called.

David’s client had very little recollection of the incident.  In police interview she accepted the evidence and because of this made admissions in interview.

She was found to have been just below three times the legal limit to drive.  Being aware of the position she had placed herself in, she chose to instruct David before here first court appearance.  As a result, David was able to give early advice and prepare the case in time for the hearing.  Part of that advice was to remind his client that there would be credit for an early guilty plea.  This is a reduction in the final sentence imposed.

Our client was a mother holding down two jobs to provide for her family.  As a result, she was understandably upset about the risk of a prison sentence.

The Sentence

drink drive solicitor Chesterfield legal aidFollowing his client’s guilty plea to drink driving, David mitigated on her behalf.  He was able to focus on the positive elements of his client’s character and future.  Although an immediate prison sentence was a possibility, David argued that these positive aspects of mitigation meant that she could retain her liberty.

David’s client was received a Suspended Sentence Order for this drink drive offence because of this mitigation.  This meant that provided she adhered to a curfew and undertook unpaid work in the community she would not be sent to prison.  She also received the mandatory disqualification from driving.

Free legal aid in the Magistrates’ Court for this drink drive case

legal aid solicitor for drink drive caseDue to the serious nature of this case and the real risk of prison and therefore loss of livelihood, free Magistrates’ Court legal aid was available.   for the Defendant meaning all of David’s representation was free of charge.

Instruct a Chesterfield Motoring Law expert

Whether you face a police investigation for a road traffic offence or have court proceedings pending you will wish to instruct an expert motoring law solicitor.  Please contact David at our Chesterfield office on 01246 283000.

legal aid solicitor for drink drive case

Alternatively, you can contact a solicitor at one of out other five offices across the East Midlands or use the contact form below.

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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?

drug driving offences prescription medicineThe 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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Drink driving convictions and high-risk offenders

High-Risk Offenders – The Hidden Peril of Drink Driving

Many people convicted of drink driving leave court with a pretty clear idea as to the length of their driving disqualification, but for a significant number, there is a shock further down the line.

drink driving high risk offenders

Contrary to popular belief, there is no ‘right’ to hold a driving licence, merely by having passed a driving test, and not otherwise be disqualified. The Secretary of State for Transport has the right, where the circumstances justify it, to withhold a licence. One of the circumstances where this arises if after a drink drive conviction if the offender is deemed ‘high-risk’.

What is a high-risk offender?

The high-risk offender scheme applies to drivers convicted of the following:

  • one disqualification for driving or being in charge of a vehicle when the level of alcohol in the body equalled or exceeded either one of these measures:

87.5 mcg per 100 ml of breath
200.0 mg per 100 ml of blood
267.5 mg per 100 ml of urine

  • two disqualifications within the space of 10 years for drink-driving or being in charge of a vehicle while under the influence of alcohol
  • one disqualification for refusing or failing to supply a specimen for alcohol analysis
  • one disqualification for refusing to give permission for a laboratory test of a specimen of blood for alcohol analysis.

If I fall into one of those categories, what does it mean?

It means that at the end of your disqualification period, your licence will not be returned.

How do I get my licence back?

There will need to be a medical assessment of your suitability to hold a driving licence; this will consist of:

  • questionnaire
  • serum CDT assay
  • any further testing indicated.

If a licence is awarded, the ’til 70 licence is restored for Group 1 car and motorcycle driving. Consideration may be given to a Group 2 licence.

drink driving high risk offenders licence returnIf a high-risk offender has a previous history of alcohol dependence or persistent misuse but has satisfactory examination and blood tests, a short period licence is issued for ordinary and vocational entitlement but is dependent on their ability to meet the standards as specified.

A high-risk offender found to have a current history of alcohol misuse or dependence and/or unexplained abnormal blood test results will have the application refused.

What does this mean in practice?

You need, if you are regularly consuming large quantities of alcohol (which may be much less than you believe it to be), to reduce your intake significantly, otherwise, this pattern of alcohol abuse will reveal itself when the blood sample is analysed (for liver function markers).

I wish I had been told this at the time?

Unfortunately, our experience shows that clients are not advised of this hidden consequence of drink driving.

Is there any appeal mechanism?

Fortunately, yes there is. We have a dedicated team of road traffic experts ready and able to assist you with any drink driving query.

If you would like further advice about this topic, then please contact one of the solicitors at your local office or use the form below.

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No disqualification means client not driving whilst disqualified!

Nottingham crime solicitor Stacey Mighty ensured that her client’s concerns about his prosecution were followed up.  The result was that the charge of driving whilst disqualified was withdrawn.

Driving whilst disqualified

Stacey’s client faced an allegation of driving whilst disqualified.  This was said to have been during the currency of a driving disqualification until an extended re-test was passed.  He denied ever having been the subject of such a disqualification.

The disclosure received from the prosecution did not give a date for when the disqualification had been imposed.  The more detailed print out from the DVLA failed to shed any more light on the situation.

No driving ban

The only conviction that could have led to such an order being made was in 2015 where it appeared that our client had received a simple 6 month fixed term disqualification.

Stacey recognised that her client’s time was precious to him.  She could have asked for the case to be adjourned to another day.  Instead Stacey ensured that the original court file for that date was brought into court.  This confirmed that there had been a driving disqualification without an requirement for an extended re-test.

As a result, the prosecution withdrew the allegation of driving whilst disqualified at this first hearing.

Contact a criminal law specialist

not guilty of driving whilst disqualified
Derby duty solicitor Stacey Mighty

Police, court and prosecution records might be wrong.  The prosecution might not be able to prove an essential element of an offence.  As a result, you will wish to take early advice from a criminal law specialist such as Stacey in order to ensure that your case is properly prepared and presented.

Please call Derby criminal solicitor Stacey Mighty on 01332 546818 to discuss your case.  Alternatively use the enquiry form below.

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