Can I avoid a driving disqualification?

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Can I avoid a driving disqualification?

A person will avoid a driving ban if they can successfully put forward either a defence to drink driving or a special reason for drink driving.  The most commonly used and successful defence to drink driving is that of Duress/Necessity of Circumstance. 

There are occasions in English law when it will be permitted to do something which would otherwise be unlawful.  This can include, for example when a person is in serious danger of physical harm, e.g. they may be about to be attacked or placed in some other form of danger, when the only realistic way to avoid this is to get in the car and drive. 

If when this person does this they are over the limit and they are stopped by the Police they may have the defence of Duress upon the basis that they only drove the car whilst over the alcohol limit to avoid the imminent threat. 

It should be noted that the person is only allowed to drive whilst over the limit for such period and distance as is necessary to negate the immediate threat.

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If you have any questions or would like any more information, please contact us on 0800 195 6567 or fill in our online enquiry form and we'll get back to you

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