Drink Driving Laws | Motoring Lawyer | Traffic Lawyer 4 U
Robert Bimpson is wildly acknowledged to be an expert in the defence of Drink Driving Charges and Drink Driving Laws. 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 Drink Driving case.
Laws on Drink Driving
In order to be convicted of Drink Driving, the prosecution must prove that the prescribed limit has been exceeded. The prescribed limit is 35 microgrammes of alcohol in 100 millilitres of breath. However in accordance with a Home Office Circular, the prosecution does not prosecute for drink driving if the breath alcohol level is below 40 mgs. The prescribed alcohol level in blood is 80mg of alcohol in 100 millilitres of blood and in urine is 107mg of alcohol in 100 millilitres of urine.
In order to achieve a conviction for Drink Driving, the court has to be satisfied that all procedures have been followed correctly. Never forget that evidence can be challenged by a defendant who does not accept that he is guilty of drink driving or that there has been a significant failure by the police when carrying out the investigation. The courts have held that any failure by a police officer to adhere to strict procedures when obtaining samples can be fatal to a prosecution for drink driving.
Drink Driving Evidence
In most prosecutions for drink driving, the driver will be the subject of a roadside breath test. If this proves positive he will be taken to the police station to provide a further breath test. The machine used to obtain this sample is usually a Lion Intoximeter and once again to achieve a conviction for drink driving, the police must obey strict rules.
In certain circumstances, for example, if a person is medically not able to blow into the Lion Intoximeter, the police may proceed to take a sample of blood or urine. Again if this is to be used in a prosecution for drink driving, the police must strictly adhere to fixed procedures and if they do not, a court may refuse to convict a person of the offence of drink driving.
If a police officer suspects a person is guilty of drink driving and the driver cannot provide a breath sample, the decision to take a blood or urine sample is the officers, unless there are medical reasons for not providing blood.
Drink Driving Law Defence
There are defences to Drink Driving. To give yourself the best chance of success you should instruct a specialist drink driving solicitor or a lawyer who specialises in defending traffic offences. For example a person should not be convicted of drink driving where the driver proves that he consumed alcohol before he provided the specimens and after the time of the alleged offence and that had he not done so, the proportion of alcohol in his breath, blood or urine would have exceeded the prescribed limit.
Clearly defences to Drink Driving involve technical legal argument and specialist preparation is involved. In any such situation, you should contact us immediately, in order that we can, if necessary, obtain expert, scientific evidence to help establish your innocence.
Free Drink Driving Consultation
The initial consultation is FREE to let you know exactly how to deal with your Drink Driving case and ensure the best possible outcome.
Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about it and hope it will go away, It Won't!
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