We get a lot of clients calling us in relation to Drink Driving who want to try and avoid a disqualification.

 

The law is clear, if found guilty then the court have to disqualify you unless there are special reasons not to. These would include spiked drink, emergency or shortness of distance driven.

 

The only other way of avoiding a ban is by being found not guilty if, for example the police have made an error in the procedure.

 

We had a case like that this week. The police had filled the required form in. We always check the form to make sure that the police had followed the correct procedure. On the face of it they had but further enquiries with the client revealed that they had not warned him properly as to his right and the risk of prosecution.

 

In due course we were able to obtain the CCTV which showed that indeed they had not warned him and the case was thrown out.

 

It is important that all checks are made because this can mean the difference between being able to carry on driving or a lengthy ban. Not all solicitors check in as much detail as we do and not all solicitors know where or what to check, that’s why it is important to make sure you are represented by a specialist solicitor with experience in defending drink drivers.

Tags: drink driving defences