Drink Driving Duress
Robert Bimpson is wildly 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.
Duress as a Drink Driving Defence
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:
- driving or attempting to drive a motor vehicle
- on a road or public place
- 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.
Free Drink Driving Duress Consultation
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!
The initial consultation is FREE to let you know exactly how to deal with your case and ensure the best possible outcome. So, contact us today.