Drink Driving Defence of Duress/Necessity of Circumstance

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Drink Driving Defence of Duress/Necessity of Circumstance

Mr A. was a successful businessman with a good driving history and no previous convictions.  He had become involved in a complicated business deal which had resulted in a number of threats of damage and injury being made by third parties.  On the date in question Mr A. had driven his motorcar to a bar where he had consumed alcohol.  The car had been parked near by and he had an intention to go home by taxi.  As Mr A. left the bar in question he was approached by a number of males and serious threats were made.  He felt the only option was to get into his motorcar and drive a relatively short distance to safety.  Whilst driving he was stopped by the Police.  He was over the drink drive limit and was charged with drink driving.  If found guilty he faced a substantial driving ban because of his alcohol reading.  The impact to him, his family and his business would have been immense.

Mr A. Instructed Trafficlawayer4u Solicitors.  He was advised that he had the defence of Duress/Necessity and pleaded not guilty.  After a 2 day trial in the Magistrates Court Mr A. was found not guilty.  The Court imposed absolutely no penalty and the Court made an order that any monies paid by him were to be reimbursed by way of a Defence Costs Order.

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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. A detailed examination of the prosecution case can reveal defects to prevent a driving disqualification.

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