Drink Driving Defence of Duress or Necessity of Circumstance

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Drink Driving Defence of Duress or Necessity of Circumstance

Mr A was a successful businessman with a good driving history and no previous convictions. He had become involved in a complicated business deal which had resulted in a number of threats of damage and injury being made by third parties. On the date in question, Mr A had driven his car to a bar where he consumed alcohol. The car had been parked near by and he had an intention to go home by taxi.

As Mr A left the bar in question he was approached by a number of males and serious threats were made. He felt the only option was to get into his car and drive a relatively short distance to safety. Whilst driving he was stopped by the Police, and as he was over the drink drive limit he was charged with drink driving. If found guilty he faced a substantial driving ban because of his alcohol reading. The impact to him, his family and his business would have been immense.


Mr A contacted Trafficlawayer4u solicitors. He was advised that he had the defence of duress or necessity, and pleaded not guilty. After a 2 day trial in the Magistrates Court Mr A was cleared of all charges. The Court imposed absolutely no penalty and the Court made an order that any monies paid by him were to be reimbursed by way of a Defence Costs Order.

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Case Study - Defence of Duress or Necessity of Circumstance

Mr A was a successful businessman with a good driving history and no previous convictions, but after leaving a bar he felt threatened after being approached by a number of males and chose to drive home to get out of the situation. He was subsequently stopped and he was charged with drink driving

Case Study - Drink Driving Caused by a Spiked Drink

As always, Mr B drove his car to the train station and caught the train to work. That day he went for some drinks with his colleagues after work. He knew he would have to drive home after he got off the train, so he only drank two pints of beer, to ensure he was under the limit when he got behind the wheel. Unbeknownst to him, his colleagues had spiked his drink with shots of liquor. He was stopped later during his drive home, where he failed the breath test and was subsequently charged with drink driving.

Case Study - Drink Driving Offence

Mr C was stopped whilst driving as part of a routine traffic stop. The police officer spoke to him and formed the opinion that he had been driving under the influence of alcohol. At the request of the police office, Mr C was asked to submit a roadside breath test sample for analysis, which he failed. He was arrested, charged with drink driving and taken back to the police station to provide an official breath test sample which would be used as evidence in court. 

Case Study - How to Reduce or Remove a Driving Ban

We recently represented a client, Mr D, who was serving a 3 year driving ban due to being convicted of drink driving for a second time within a 10 year period. Since the date of the ban he had been unable to secure any meaningful employment and, as a result, was suffering serious financial hardship. We took on his case and attempted to appeal the ban on the grounds that he had already served the majority of the ban and it was having an overly negative impact on his quality of life. 

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Case Study - Speeding Offence

Mr F was charged with speeding. The speed alleged was very high and, if convicted, Mr F faced the likelihood of a driving ban. We contacted the Crown Prosecution Service and obtained all the evidence that the prosecution intended to rely upon.

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Robert Bimpson is widely acknowledged to be an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case.

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The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person.  We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.
In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

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It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

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It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours. 
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

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