Drink Driving Defence Lawyers
Being charged with drink driving can leave you feeling scared, worried and uncertain about your future. Being unable to drive can place a lot of stress and pressure on both your work and social life, leaving you unable to get to and from your place of work as well as visit friends, family or go to the shops. As well as feeling worried, you might be at a loss of what you need to do next.
The first thing you should do is to read up about your rights, the legal repercussions of drink driving and what it might mean when you’ve been charged. You should also seek expert legal guidance from a motoring offence solicitor who will be able to guide you on what your next steps are, help with your defence where possible and answer any questions you might have. Keep on reading to find out more about what to do when charged with a drink driving offence under the Road Traffic Act 1988.
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What to do when you’ve been charged with drink driving:
- Seek legal advice from a qualified attorney or solicitor who is experienced in these cases. They will know your rights, the legal processes and the consequences you might have to face
- Understand what the penalties are for drink driving and what this means for you
- Be sure to attend the court hearings that are required of you. If you fail to attend, this can have further legal implications
- Decide whether you’re going to plead guilty or not guilty based on the circumstances of your case. Speak to your attorney to find out what’s best in your case
- Explore the different possible defences such as any testing inaccuracies, improper law enforcement conduct or other external factors that might help your case
- Ensure you adhere to any legal requirements that get put to you as a consequence of your drink driving
- Prepare for sentencing if you are found guilty and know what this might involve
- Evaluate how you’re going to work around any restrictions you might face such as if you have a driving ban, how you will get to work
What is the penalty for drink driving?
The penalty for drink driving will depend on factors such as the severity of the case, how far you were over the limit and whether anything happened such as a death occurred due to you being over the limit. You could face imprisonment, a suspended prison sentence, a hefty fine, a mandatory driving ban of at least a year and/or community service.
Pleas and drink driving charges
There are many factors as to whether you should plead guilty or not guilty. Pleading guilty can mean you avoid a trial but is likely to result in being disqualified from driving for at least one year. Pleading not guilty means you need to attend a court trial but will give you the chance to present evidence and have the decision of your repercussions left in the hands of the judge.
How might you avoid disqualification? There are many defences to drink driving which could be valid in your case. This includes technical reasons such as if the alcohol measurements were incorrectly taken, whether you drank after driving, if you were forced to drive under duress (this is used and succeeds very rarely) or if the event happened on private land.
If there is a “special reason” that applies in your case, you might be able to avoid a driving ban. The Court of Appeal must recognise these mitigating or extenuating circumstances and take them into account. Examples could be if your drink was spiked or if you were driving someone to hospital in a medical emergency.
At the end of the day, when you face a drink driving prosecution, you need legal help for the best possible outcome. Here at JD Solicitors our experienced and highly knowledgeable team of experts will work with you to do what they can in your case. We will explain each step of the process clearly and give you the best guidance and support we can. Get in touch with us today to find out what we can do for you.
