Drink Driving Lawyer Stoke | Drink Driving Lawyer Location | Traffic Lawyer 4 U

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Drink Driving Lawyer Stoke | Drink Driving Lawyer Location | Traffic Lawyer 4 U

Robert Bimpson is wildly acknowledged to be an expert Drink Driving Lawyer with over 25 years experience in defending clients against Drink Driving charges, all over the country. We are happy to offer our drink driving laywer services in Stoke and the surrounding areas.

Rob 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. 

OUR SUCCESS RATE IN DRINK DRIVING CASES IS HUGE
in either avoiding or greatly reducing a driving ban.

YOU GET SECIALIST ADVICE FROM AN EXPERT DRINK DRIVING LAWYER WITH A PROVEN TRACK RECORD.

Free Drink Driving Consultation Stoke

The initial consultation is FREE to let you know exactly how to deal with your Drink Driving case and to 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. Contact our expert Drink Driving Lawyer today. 

Drink Driving and Drugs Impairment Stoke

A person is guilty of an offence if he drives or attempts to drive a motor vehicle on a road or other public place when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.
(Road Traffic Act 1988 S5(1)

The difference between drink driving and attempting to drive depends upon whether or not the vehicle is put into motion.

Contact us today for your Free Initial Consultation on 0800 195 6567

Drink Driving Conviction Stoke

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 Stoke

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.

However where a driver taken to the police station on suspicion of drink driving provides a breath test and the lower reading on the breathalyser does not exceed 50mgs of alcohol, the driver has the option to have it replaced by a specimen of blood or urine.

Drink Driving Defences Stoke

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.

Drink Driving and Defence of Necessity

The defence of necessity is available to the offence of drink driving. Up until recently this was not the case, but is has been held by the House of Lords that the court takes seriously this defence in drink driving cases.

Contact us today for your Free Initial Consultation on 0800 195 6567

Drink Driving and Duress

Duress can also be used as a defence to drink driving. This can be, for example, where a person drives a car while drunk due to threats of death or serious physical injury. Once a defendant charged with drink driving raises this as a defence, it is up to the prosecution to disprove it. There must be good cause to fear death or serious injury. This will only succeed as a defence to drink driving if the threat is immediate or imminent. When the threat is removed or becomes ineffective, the driver must stop driving the motor vehicle. If the driving continues after the threat has ceased, he is guilty of drink driving.

If you are prosecuted for drink driving this can only be heard in the Magistrates Court.

To obtain a conviction for drink driving, the prosecution must prove that the defendant was:

i) driving or attempting to drive a motor vehicle

And ii) on a road or public place

And iii) the defendants alcohol level was over the prescribed limit.

To mount a successful defence to drink driving allegations, whether by instructing scientists to question alcohol levels or by legal argument as described above, it is crucial that your defence preparation begins as soon as possible. Where a defendant charged with drink driving has failed to prepare his defence in time, there is no guarantee that the court will allow further time for this to happen. For this reason you should contact our drink driving solicitor immediately, and possibly avoid a driving ban.

Special Reasons for Drink Driving

There may be circumstances where a person who has driven a motor vehicle while his alcohol exceeded the prescribed level does not have a defence but may still avoid a disqualification if he has a special reason. It is for the driver charged with drink driving, once a guilty plea has been entered, to satisfy the court that there are special reasons not to disqualify and then to persuade the court to use it’s discretion in not disqualifying.

In order to raise special reasons for not disqualifying in a drink driving case, the defendant must understand that the court will only take account of reasons special to the offence and not the offender. Financial or other hardship to the driver will not prevent a disqualification for drink driving. Factors such as moving a vehicle to prevent a hazard or accident may amount to a special reason and be used to persuade a court not to disqualify a defendant convicted of drink driving.

There are many instances of people being guilty of drink driving as a result of having their drinks laced with alcohol by another person, without their knowledge. This could amount to a special reason to be put before the court to avoid a ban for drink driving. Clearly this is a complicated legal area and strict rules have been laid down by the courts in relation to special reasons. The courts have also indicated that for this to be successfully argued, it may well be essential to instruct expert scientific witnesses to calculate the blood alcohol level that a person would have had if his drinks were not laced. Clearly it is essential for you to receive our expert advice and representation if you wish to avoid a driving ban for drink driving by use of special reasons.

A person may also avoid a ban for drink driving if he can satisfy the court that the journey was an emergency. To satisfy the court that the journey was what amounts to ‘an emergency’ would require specific legal knowledge of the case law in this complicated area, as cases have made it clear what does and does not amount to an emergency. it is also worth remembering that certain circumstances might be such as to amount to the defence of duress or necessity and enable a driver to enter a not guilty plea to drink driving. Specialist legal advice is required to distinguish between a defence to drink driving and special reasons for not disqualifying after a conviction of drink driving.

Drink Driving Penalty Stoke

The penalty for drink driving a motor vehicle or attempting to do so, is an obligatory ban for a minimum 12months and a fine of up to £5000. the court also has the power to imprison a defendant for up to 6 months.

www-sentencing-advisory.panel.gov.uk

 

Contact us about Drink Driving Lawyer Stoke

Contact our expert Drink Driving Lawyer in Stoke today regarding your case. Call us direct on 0800 195 6567 or fill out our confidential online enquiry form with the details of your case and our Drink Driving Lawyer will get back to you. 


Services

Services

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Careless Driving

The careless driving offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

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Drink Driving Lawyer

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.

Our success rate in either avoiding or greatly reducing a driving ban is huge.

Read More »

Driving Bans

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

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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Failing to Identify Driver

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations.  If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately.  We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.
Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle.  There are, and success may well depend upon the speed with which you act when you are prosecuted.  Contact us immediately.

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Failure To Stop

In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
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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Speeding Ticket

Do not assume that photographic or police evidence cannot be challenged. It can. If you believe that any evidence is wrong, you should contact us immediately.  To secure a conviction, the court has to be sure as to the accuracy of any evidence, that you were speeding. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

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Using a Mobile Phone Whilst Driving

Most offences will be dealt with by way of three penalty points and £60 Fixed Penalty Notice. If you got caught using a mobile phone whilst driving a bus or any heavy goods vehicle the matter could proceed to a Court hearing and you could be fined up to £2,500.

 

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Hit and Run Law UK

In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
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.

Read More »


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Why Choose Us?

  • Free initial consultation with a solicitor. You will only ever be advised by a solicitor or barrister.

  • No hidden fees or increased costs. Cost is agreed in advance and will not change.

  • Expert traffic solicitor with over 20 years experience defending the motorist in England and Wales.

  • High success rate. We can get the best possible outcome for you.

 
 
Contact Us

Traffic Lawyer 4 U Limited
60-66 Wellington Road,
Ashton-Under-Lyne,
Tameside,
OL6 6DE

Tel: 0800 195 6567
Email: click here to email us