Drink drive offences
Drink/driving offence Excess alcohol (driving or attempting to drive a motor vehicle). Contrary to Road Traffic Act 1988, s.5.1(1)(a). This offence is triable summarily, which means that the hearing can only take place at the Magistrates’ Court. I usually attend the following Magistrates’ Courts to represent drivers charged with drink…
Drink Drive
I attended the Aldershot Magistrates’ Court today, representing a client charged with a second drink drive offence within three years. He faced serious consequences, and needed to be properly represented; that is why he came to me. I don’t accept instructions under the legal aid system, and will not be…
Drink/Drive Offence
The prosecution is bound by the rules of law and procedure. These rules exist to ensure fairness and justice. It is my job to exploit any failure by the prosecution to apply these rules correctly. In a recent drink/drive case, I exploited such a breach in favour of my client….
Drink Drive; Excess Alcohol
There has been recent appeal on the meaning of ‘providing a urine sample’. The driver was a hospital patient and unable to provide a blood specimen but agreed to provide urine. Complications arose in providing the necessary two samples. Ultimately, the appeal was dismissed but it raised interesting questions on…
Motoring Offences in Guildford
Each year the police target drink drivers in Guildford and surrounding areas. So, when you book your party, ensure you make appropriate arrangements for transport to your home at the end of the evening, or stay overnight. The minimum ban for an offence of drink/driving is 12 months. The worst-case…
Drink Drivers Beware
I have just been informed that a conviction for drink driving will disqualify you form obtaining a visa to the USA. A family holiday was ruined because a family member received a conviction for drink/driving (excess alcohol) and the US Embassy refused to grant a visa because of the conviction!
Drink drivers beware
I have recently been asked to advise a Surrey motorist who was convicted of drink driving following a road traffic accident. The other party to the accident is making a claim for damages. The Surrey motorist’s insurance company is avoiding paying out on the basis that the drink driving conviction…
Faulty breathalyser
When the police stop a motorist and suspect alcohol consumption, the motorist is required to provide a breath test at the roadside. The roadside device simply gives a general indication of the level of alcohol present in the system. If the device shows alcohol above a certain level, the driver…