Special Reasons for Drink Driving | Motoring Lawyer | Traffic Lawyer 4 U

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Special Reasons for Drink Driving | Motoring Lawyer | Traffic Lawyer 4 U

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.

Disqualifying a Drink Driving Case

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.

Spiked Drinks

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.

Drink Driving in an Emergency

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.

Free Drink Driving Consultation

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.

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!

Need advice regarding Special Reasons for Drink Driving?

For more information regarding Special Reasons for Drink Driving | Motoring Lawyer | Traffic Lawyer 4 U then please contact us on 0800 195 6567 or email us at click here to email us.


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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.

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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.

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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