Often, where the procedure can appear to be followed on the face of the facts of the case; it is very important to place every one of those facts into context. As an example, after a road web traffic accident where somebody endures an injury that leaves them dazed and confused, it may be that they do not have the relevant capacity needed to understand what is happening. In such a case it can be argued that the procedure, although on the face of it has been taken care of, has not been fully comprehended and is for that reason invalid. It is an area of law that requires a detailed technical knowledge that our specialist lawyers at Stephensons have in abundance.
Drink driving procedure is exceptionally technical and complex, this can often result in errors being made. Drink driving is one of the few where you as the offender, by being asked to give a specimen of blood, are being required to participate in and grant provide evidence that can bring about you being prosecuted. That evidence has to be obtained using the correct procedures. Errors can and do happen. We have the specialist knowledge required to dissect a case and identify any type of such errors. A variety of procedural errors are so significant that they can bring about cases either causing a not guilty verdict at court or the case being dropped.
Not all drink driving offences involve a breathalyser at the police station. Many involve a specimen of blood or urine being taken by a police doctor or nurse and sometimes not even at a police station. When cases move far from the more common process of providing a specimen of breath on a police headquarters breathalyser then procedures automatically become more complex with additional stages requiring to be managed, often by a variety of different people. find more driving charges is complex and complicated, the police process of gathering the evidence in the correct method can often be equally as complicated and involved for a variety of reasons. We can vigorously scrutinise this process.
Drink driving offences are dealt with seriously by the courts. Many unrepresented defendants obtain a shock when entering a straight guilty plea. While you may feel in the wrong morally, there is a significant difference in between that and being found legitimately wrong. A criminal conviction for drink driving is forever. Sentences can include imprisonment or other restrictive sentences, as well as permanent confiscation of cars and lengthy incompetencies.
There are many ways to defend drink driving charges. Do not let anybody tell you there are no or limited defences to drink driving charges. That is merely wrong. The Supreme Court has claimed that police will only be given “limited dispensation from the very certain requirements” troubled them when testing a motorist. Many countless drink driving cases have been successfully defended.
Lots of people who are caught driving over the limit are regular people who have made an error of judgement. Most do not need a criminal conviction against their name or a restrictive sentence to gain from their mistake. A criminal conviction for drink driving can have very real consequences past the immediate sentence and disqualification, such as issues with employment, travel, memberships, licensing, insurance and family.
The consequences of drink driving are widely understood. Many people have an understanding that it means a ban upon conviction. For first time offenders it is, as a matter of fact, a minimum 12 month disqualification increasing to as long as 3 years in more severe cases. Alongside a ban there is an additional part of the penalty that will see you face a penalty or depending on the seriousness even a community order or prison sentence.
Expert legal advice can help avoid conviction by highlighting many procedural, fairness and rights-based defences, even if you mored than the limit. An expert drink drive lawyer can also assist on the benefits of seeking a discharge without conviction. Specialist legal advice can also make a significant difference in minimising threats, such as imprisonment, other restrictive sentences, automobile confiscation and disqualification.
Legal advice from an expert drink drive lawyer can make all the difference. Drink driving is a highly technical and specialised area of law. Few lawyers have a real grasp on drink driving defences and ways to avoid conviction and disqualification. Other drink drive lawyers give Alistair hard cases for a reason.
