E-scooter confusion continues
Within days of posting my last blog, in which I attempted to warn drivers about the use of e-scooters, it was reported that a 20-year-old on the Isle of Wight was caught using an e-scooter whilst over the drink drive limit. The rider was disqualified for two years! Misunderstanding of…
The fun of an electric scooter can be bad for your licence!
The use of privately owned electric scooters, or ‘e-scooters’, in public is illegal. If you are caught using one, you will face the same consequence as a driver using a motor vehicle illegally. One outcome may be that you lose your driving licence, or opportunity of applying for one. E-scooters…
Drug driving: Cannabis and the amount of drug found
I attended Staines Magistrates’ Court this month. My client was charged with drug/driving. It is an offence under the Road Traffic Act 1988, s5A. The legislation came into force in March 2015. This is a ‘strict liability’ offence; meaning that intent or mental state does not need to be proved….
Judgement affected by prescription drugs and alcohol
When prescription drugs and alcohol are combined and driving takes place, the consequences cannot be avoided. When a driver claims to have been confused when he or she embarked on driving, and argues that the confusion or lack of judgement was due to a combination of prescribed drugs and alcohol,…
Drink/drive; blood sample at the hospital
What are the rules for taking a blood sample from a badly injured suspected driver who has been taken to the hospital following a road accident? The circumstances when a suspected driver is taken to hospital are generally when a road accident has occurred and the driver has been…
‘Laced Drinks’ Defence to Drink-Drive
Following success yesterday in a drink-driving case, where I managed to argue ‘special reasons’ and assist a client to avoid an obligatory disqualification from driving, it would be tempting to over-inflate the success in promotion of my practice. The smart and experienced professional knows, however, that so much depends on…
Drink Drive Law – Public Place
I recently appeared at Worthing Magistrates Court on behalf of a client accused of a drink/driving offence. The legal limit for driving while intoxicated through drink is 35 microgrammes of alcohol per 100 millilitres of breath, with a 5-point margin of error; at 40, a conviction follows. A high reading…
Drink drive/ ‘in charge’
There is an important distinction between excess alcohol whilst driving, and excess alcohol whilst “in charge” of a vehicle. The distinction becomes clear when looking at the sentencing guidelines. The emphasis in the guidelines when it is a case of “in charge” is on imposing penalty points rather than disqualifying….
Drink driving – sentencing guidelines
When you search the Internet for legal representation, there is a natural tendency to opt for someone local, especially when you are looking for quality representation by a solicitor or barrister in and around Surrey. The Internet is crowded by portals, organised by large companies who in turn pass the…
Special Reasons in Drink Drive cases
When a client asks for representation for a drink drive charge, the process that the lawyer goes through can be quite complex. This blog is going to focus on the term ‘special reasons’. The first issue to determine is whether the client is guilty of the alleged offence; there are…