Drink Driving Solicitor – Do I have a Defence?

November 10, 2017 9:49 am
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Drink Driving Solicitor – Do I have a Defence?

Drink Driving Solicitor – Do I have a Defence?

It was recently reported that a drink driver who argued with a friend was caught drink driving her vehicle for as little as three minutes.

The vehicle was untaxed. It appears that the defendant had not intent to drive the vehicle initially.

It is reported that the defendant had been drinking alcohol all evening. The magistrates’ Court heard how a row then broke out between the defendant and the friend.

The defendant drove the vehicle only for a couple of minutes ‘up the road’. The vehicle was spotted by police swerving onto the wrong side of the road.

It is understood that the defendant was then stopped by the police because of the manner of. the defendants driving.
The defendant carried out a road side breath test. The reading from the road side drink drive breath test was 92mg in 100ml of breath. The legal drink drive limit is 35mg.
Understandably, the defendant was arrested and taken to the police station where they provided a further drink drive breath test reading of 88mg.

On this occasion the defendant failed to provide a second sample. This resulted in the defendant being charged with failing to provide a sample of breath.

The defendant raised the argument that the they had only driven 3 minutes ‘up the road’.

The defendant pleaded guilty and was banned from driving for 16 months.

It is important to contact a driving solicitor the moment you are faced with and allegation of drink driving. The sooner you receive assistance the better!

When a defendant has only driven a short distance, it is important to consider whether or not there is a special reasons argument available.

Shortness of distance driven as a drink driving defence.

The shortness of the distance driven may amount to a special reason if defendant has only driven the vehicle ‘at the request of a third party’. It cannot amount to a ‘special reason’ unless the shortness of distance driven by the defendant is such that it is unlikely to be a danger to other road users.

For more information on drink driving offences please Click Here