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Drink Driving Special Reasons Short Distance: How Far Is Too Far?

Helen

How far is too far?

 

Drink Driving.  We all know it means a disqualification but what if you only drove a very short distance? What if you only moved the car for a really good reason? What if you had to move the car for safety/to stop it being impounded/because it posed a hazard?

 

There are 3 ‘Special Reasons’ where you can ask the courts not to impose a disqualification even though you are pleading Guilty to Drink Driving.

 

One of these is Shortness of Distance Driven, so how far is too far?

 

We often get people contacting us to say they only drove ½ a mile, or they were only going to be in the car a couple of minutes – but in truth there is no specific distance that is too far or rather, that is the right distance – every case has its own merits and every court will assess each case individually and sentence accordingly. Why you drove, when you drove and where you drove can be just as important as how far you drove.

 

If you think you may have grounds to try and avoid a disqualification give our team a call on 01623 397200, we’ll listen to you and give you feedback as to the likelihood of your application being successful. It can’t hurt to check and we always promise to be honest with you.

 

Helen Newman
FORREST WILLIAMS

 

 

What To Do If You’re Caught Drink Driving Over The Christmas Period

EMERGENCY LINE OPEN THROUGHOUT CHRISTMAS:

01623 397200

Whether you will be celebrating the Christmas period with boozy parties and get-togethers, or using alcohol as a crutch to get you through a difficult festive period, Forrest Williams specialist motoring solicitors are very used to helping people charged with drink driving during the Christmas time.

If you are charged with drink driving over Christmas, it is vital that you obtain specialist legal help as soon as possible.

Forrest Williams represent drink driving cases around the whole of England and Wales every single day, and are passionate about getting the best result for each individual.

Katie Forrest

Business Development Manager and Paralegal, Katie Forrest, says:

“Being charged with drink driving is a scary situation and to have that happen over Christmas, which is either a magically happy or emotionally charged time for most people, is additionally stressful.

Once you are charged, you will be given a Court date that will only be a few days away, so it is vital that you act quickly.

A specialist motoring solicitor like Forrest Williams can advise you about whether there are any technical defences or Special Reasons, or whether pleading guilty and being represented to minimise the disqualification is the best way forward.

Here at Forrest Williams, we are proud to treat every client with a huge amount of compassion and respect.  We understand that there is always a story behind the drink driving charge and we work with you, on a transparent fixed fee, to support you to the very best of our ability.”

CHRISTMAS AND NEW YEAR 2013 OPENING TIMES

Christmas Eve: OPEN

Christmas Day: EMERGENCY LINE OPEN

Boxing Day: EMERGENCY LINE OPEN

27th December: OPEN

30th December: OPEN

31st December: OPEN

1st January: EMERGENCY LINE OPEN

EMERGENCY LINE: 01623 397200

Special Reasons Awarded For Drink Driver in Nuneaton Magistrates Court

I attended Nuneaton Magistrates Court last week representing a client who faced a drink driving charge.

My client’s side of the story was that she had been on a night out and had not planned to drive home.  She did not drink much, however, and decided at the end of the night to drive home as she was feeling ill.  She believed she would be under the limit.

She was stopped by the police and breathalyser and was over the limit.

She later discovered that the people she had been out with that night had been adding shots to her drinks to ensure she drank the same amount as them.  They, of course, believed that she would  not be driving home.

This is a very common scenario, and is a case of Spiked Drinks.  Whilst the media portray spiked drinks as being a malicious act done by strangers, it is usually something done by a person’s friends or family with good intentions – usually to help the person relax and have a good time, or to cheer them up if they are down.

There are Special Reasons where a person may be able to avoid a disqualification for drink driving, and having their drinks spiked is one of those reasons.

However, certain criteria must be met – and in this case, my client had knowingly had a very small amount of alcohol, but had had a large amount spiked.  What she thought was illness was actually the effects of the extra drink she had consumed.

If the magistrates believe that a person should have realised they have had more to drink, they are entitled not to find Special Reasons.

This was a complex case, and with my client’s friends all giving evidence that they had spiked her drinks, the issue was not whether the drinks were spiked, but whether she should have realised they were.

I guided the magistrates through the appropriate case law, and in the end they decided that they found sufficient Special Reasons to reduce what could have been a 17 month disqualification to a 7 month disqualification.

Given the circumstances of this case, I believed this to be a good result, and my client was very happy.

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