When charged with a drink driving offense, a conviction is not a foregone conclusion. Seeking specialised legal assistance immediately is critical; you can avoid being convicted and having this black mark on your record haunt you (and your bank account) for years. What defenses could help you avoid penalties, fines, disqualifications and a record?
Police Error or Lack of Evidence
A case may be dismissed because the police or Crown Prosecution Service made a procedural error in their handling of your case. For example, a police officer may not fill out the breathalyser forms completely or accurately or they may fail to maintain a proper audit trail to ensure blood evidence is handled properly.
There is any number of mistakes that police or CRS can make, and proper representation ensures that you do not have to pay the penalty for their errors.
You may avoid conviction if you prove that you only drove while intoxicated to avoid bodily harm. Say, for instance, that you had a few pints in your home and someone broke in. You were afraid for yourself, and your car provided the only means of escape. You drove away to avoid this threat. Duress can be a defense for drink driving, but you must have evidence to corroborate your story.
Unaware of Alcohol Content
There are ‘special reasons’ that can remove or mitigate your culpability. For instance:
· You consumed drinks and were unaware they contained alcohol.
· You were led to believe your drink contained a lower alcohol content (e.g. you believed your lager was just 3 per cent but it was really 5 per cent).
· You consumed drinks that were drugged or spiked.
Being charged with drink driving is a frightening experience; consulting with a counselor immediately can ensure that it doesn’t become a long, drawn-out and terribly expensive one as well.
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