Refusing Roadside 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 Roadside 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 A ROADSIDE  BREATH TEST
A person who without reasonable excuse fails to cooperate with a preliminary test when required to do so is guilty of an offence.
Road Traffic Act 1988 s6
the ‘preliminary test’ is usually the police roadside breath test and is regarded as an initial screening test to assess whether a driver may be over the prescribed alcohol limit or under the influence of drugs.

A police officer in uniform can request you cooperate with the preliminary test (roadside breath test) if he has reasonable cause to suspect the person is driving, attempting to drive or in charge of a motor vehicle on a road or public place with alcohol or a drug in his body or is under the influence of drugs.

Furthermore, a constable, whether or not in uniform can demand a person cooperate with a preliminary test (roadside breath test) if an accident occurs on a road or other public place and the constable reasonably believes the person to have been driving, attempting to drive or is in charge of a motor vehicle involved in the accident.  You should note that the power to request the preliminary test (roadside breath test) in these circumstances actually requires an accident to have taken place.

There can be 2 types of preliminary test that an officer can ask a person to take

  1. a preliminary breath test
  2. a preliminary impairment test

The driver will be observed by the officer doing specific tasks for the purpose of ascertaining whether or not the ability to drive is impaired by drink or drugs.  This preliminary test can only be done by an officer authorised by the Chief Constable and must be done where the request for the preliminary test is made or at a police station.

       -   a preliminary drug test.  This preliminary test is where an officer requests a specimen of sweat or saliva for a test by an approved device.

You should note that if you fail to take a preliminary test, the police have power of arrest.

You can only be convicted of failing to cooperate with a preliminary test if you do so without ‘reasonable excuse.’  Such an offence can cover several situations where a person has not cooperated with a preliminary test, but usually relate to a defendant being physically or mentally incapable of providing it or to so would entail a substantial risk to his health.  The inability to cooperate with a preliminary test, if caused by drink or drugs will not be a defence. If you face prosecution for this traffic offence you need a specialist drink drive lawyer to best represent your interests.

PENALTY
The maximum penalty for failing to cooperate with a preliminary test is a £1000 fine, 4 penalty points endorsed on the driving licence and the court has the power to impose a ban at it’s discretion.

Clearly, if you face a prosecution for failing to cooperate with a preliminary test, your licence could well be in danger.  This is a complicated legal area and we advise that you contact us immediately for a clear analysis of the situation.

Click on the links below or in the side boxes to see full details and how we can help you
 
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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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