Drink Driving Defence of Duress or Necessity of Circumstance

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Defence of Duress or 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 car to a bar where he 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 car and drive a relatively short distance to safety. Whilst driving he was stopped by the Police, and as he was over the drink drive limit he 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 contacted Trafficlawayer4u solicitors. He was advised that he had the defence of duress or necessity, and pleaded not guilty. After a 2 day trial in the Magistrates Court Mr A was cleared of all charges. 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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