Being successfully charged with a drink driving offense can have significant consequences. You will be banned from driving for at least 12 months, or even 36 if you have committed a similar offense in the last ten years. He could also be fined up to £5,000 and could have to spend up to six months in jail. Clearly, a charge of this type could be incredibly disruptive and can drastically affect your ability to work, so it’s important to realize that such charges have been successfully contested in the past and that there are defenses or loopholes that may allow you to do so. same. same.
The first thing to clarify is that there are two different charges that can be brought against you in connection with driving under the influence of alcohol, depending on the factual situation; and one is perhaps more capable of challenge than the other. This is the charge of ‘Driving out of shape’; Submitted if police are unable to obtain a breath, blood, or urine sample that proves excessive intoxication (more than 35 micrograms of alcohol in 100 milliliters). This may be because the person fled the scene of an accident (which, of course, he should never do) and was tracked down by the police after the event.
In the absence of evidence, the accusation will be made on the basis of the testimony of witnesses who claim to have seen the drunk person shortly before the accident (in a bar, for example) or at the scene of an accident. This testimony can refer to the behavior of the person or another aspect of their behavior. Such testimony is necessarily subjective and may conflict with the testimony of other witnesses; which means that a charge of driving while impaired is questionable and more likely to lead to an acquittal than a charge of driving under the influence made with firm evidence of intoxication.
However, if the police are in possession of such evidence, having stopped a driver and taken a breath, blood or urine sample which proves intoxication, this will lead to the second type of charge, ‘Driving or in charge while exceeding the limit’ . Although this charge is much more difficult to challenge, due to the existence of incriminating evidence, the legal sensibilities surrounding it can be exploited and can lead to an acquittal.
Since the requirement (imposed by Parliament) that you give evidence against yourself conflicts with centuries of laws passed by English and Welsh judges, the higher courts (i.e. judges) are keen to prevent any kind of abuse by the police. This means that the police must follow a very strict set of procedures if they want their case to be unassailable. Any wrongdoing can be challenged and, if successful, can result in the case being dismissed.
Navigating these complex legal loopholes can be difficult, so it is always a good idea to use the services of an experienced speeding and motoring attorney. He or she can identify any weaknesses in the case brought against her and help you challenge any bans, fines, or prison terms.
