A drink driving ban is normally considered an automatic penalty for a conviction of driving over the legal limit but, in fact, courts can still show discretion and a case against a ban can be made. In order for a successful argument against a ban to occur, certain legal criteria will first have to be met.
We have successfully defended 87% of all drink driving cases we have dealt with, with a combination of our knowledge and expertise and the use of reliable experts in the majority of the cases we have been able to establish that the prosecution cases have been defective evidentially.
Some of the Drink Driving Defences are listed below, please note that this is not an exhaustive list, but rather just a guide. If you have anything that falls outside this please contact us.
Just because a Police case looks open and shut, does not always result in a conviction. The CPS are often under pressure to prosecute as many cases as they can, which can result in Mistakes. We have a high success rate in pointing out procedural mistakes, which can render any evidence obtained inadmissible.
The breath test procedure must be conducted in a very precise way, and often the police will make fundamental errors, which will result in the Prosecution offering no evidence.
2 Public Place
If the Police are maintaining that a Road is public simply because the Public has access to it, this does not automatically dictate that it is a Public Road.
The prosecution will have to prove that the Road is public and they often fail to meet this test.
The Police often make the assumption that ID procedures are not required when the defendant has not been found near a vehicle. The Police will often neglect the rules set out in PACE, which will often result in any Identification evidence becoming inadmissible. In Majority of cases no ID evidence, will result in Prosecution offering no Evidence.
4 Reasonable Excuse
This defence will be applicable, if you have been charged with failing to Provide a Sample.
In certain circumstances it can be argued that your failure to provide a sample was reasonable, examples include medical reasons for been unable to provide, Mental Health Issues, Phobias etc.