Refusing Breath Test

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  Speeding
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.  It is our job to closely examine any evidence that the prosecution intend to rely on to prove you were committing the offence.  If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction.
 
  Drink Driving
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
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Dangerous Driving
The definition of the offence of dangerous driving is wide because it is not just relation to motor vehicles but any mechanically propelled vehicles, furthermore it can take place in any place to which the public has access, not just public roads.
Never forget, the burden of proving dangerous driving rests squarely on he shoulders of the prosecution, not the defendant.  It is our job to expertly and carefully examine and exploit any failing or loophole in the prosecution case or law to secure an acquittal.

 
 

Proving Who the Driver is
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.

 
     

Refusing Breath Test

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!!!

REFUSING TO TAKE A BREATHTEST
A person commits an offence if they fail to provide a specimen of breath, blood or urine without reasonable excuse after (having driven) or attempted to drive.
Road Traffic Act 1988 s7 (6)

This offence usually relates to the motorist who has provided a positive preliminary test (roadside breathtest) and has been taken back to the police station to provide a further specimen for evidential purposes and fails to do so.

It should be noted that merely blowing into the machine does not in itself constitute providing a breath specimen for analysis.  This will not be done by a person unless sufficient breath is provided for the analysis to be carried out.  An ineffectual weak blowing into the machine may be regarded as failing to provide a specimen by the police.

There are however circumstances when a person can successfully argue that the police did not carry out correct procedures or in all the circumstances the failure to provide a specimen for analysis was with reasonable excuse. If charged with this you will need the assistance of a specialist drink driving lawyer.

PENALTY
The maximum penalty for refusing to provide a specimen for analysis is a fine of up to £5000 and/or up to 6months imprisonment.  There is a mandatory driving ban of at least 12 months, although if the courts believe you failed to provide a specimen because you were trying to avoid a ban for drink driving, this could be longer.

Clearly if you face a prosecution for this offence you need expert guidance and assistance and should contact us now.

Click on the links below or in the side boxes to see full details and how we can help you
 
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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, Contact us now!!

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  Careless Driving
This motoring 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 offence can take place not only on public roads but any other place to which the public has access.  As dedicated defence 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.

 
  Driving Without Insurance
Allegations of no insurance often occur when an employee is driving a company car.  The employer may be prosecuted for no insurance if the vehicle driven by the employee is not insured.  The employer or employee should contact us immediately in this scenario because he is regarded as having control, management or operation of the vehicle and is regarded as ‘using’ it for the purpose of a no insurance prosecution.
 
 

Failure To Stop After an Accident
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.

 
  Avoid a Driving Ban

Therefore even if you are convicted of an offence or there is no viable defence to it, we believe as expert traffic lawyers that we can help you.

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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