Appeal your Drink Driving Ban | Traffic Lawyer 4 U

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Appeal your Drink Driving Ban | Traffic Lawyer 4 U

Are you facing a potential driving ban as a result of drink driving? We can help.

Here at TrafficLawyer4u, we've dealt with hundreds of cases where a person has been caught in charge of a motor vehicle whilst unfit through either drink or drugs, including excess alcohol. Our success rate in greatly reducing and even completely avoiding a drink driving ban is second to none.

Rob Bimpson, one of TrafficLawyer4u's expert drink driving ban solicitors, is widely acknowledged to be an expert in defending all types of UK driving bans, including drink driving. He has been dedicated to the defence of clients since 1989, and his welth of experience will be used to personally ensure you receive the best advice and the to help you achieve the best possible outcome to your case.

 

Drink Driving: The Law

The current UK laws concerning drink driving fall under the 1988 Road Traffic Act. The key sections that effect the outcome of your drink driving ban court case are the following:

- Section 4 - Driving (or in charge) when under the influence of drink or drugs.
- Section 5 - Driving (or in charge/attempting to drive) with excess alcohol.
- Section 6(4) - Failing to provide a specimen of breath for screening.
- Section 7(6) - Failing to provide a specimen for analysis.

In other words, a person is guilty of the above offences if they drive, or attempt to drive a motor vehicle on a road or other public space when the level of alcohol in their blood, urine or breath exceeds the prescribed drink driving limit. The prescribed limits for each method of prosecution are as follows:

- Blood - 80 micrograms per 100 millilitres of blood.
- Urine - 107 micrograms per 100 millilitres of urine.
- Breath - 35 micrograms per 100 millilitres of breath.

It is important to note that a person can be charged for drink driving even if the car is stationary, and the engine turned off. This still qualifies as being in charge of the vehicle, which requires you to be under the drink driving limit.

 

Drink Driving: The Conviction

In order to be convicted of drink driving, the prosecution must prove that the defendant has exceeded the prescribed drink drive limit. Although the UK's prescribed breath alcohol limit is 35 micrograms per 100 millilitres of breath, a person will not be prosecuted under Section 5 of the Road Traffic Act unless they provide a breath sample that exceeds 40 micrograms.

To achieve a drink driving ban conviction, the court has to be satisfied that all procedures and regulations have been followed correctly. Never forget that evidence can be challenged by a defendant who does not accept that they are guilty of drink driving or that there has been a significant failure by the police whilst they were carrying out their investigation.

Prosecution can also depend on the person's situation. The court is often more lient when discusing a driving ban case that involves a person who needs to travel for work, and has people who are dependant on the income of their employment.

 

Free Drink Driving Consultation

The initial consultation is FREE to let you know exactly how to deal with your case and ensure the best possible outcome.

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!!! Contact us today.


Drink Driving: The Penalty

The penalties involved with drink driving vary according to the crime you are convicted of, and the amount of alcohol that was in your system at the time. Below we have listed some of the more common drink driving related convictions and their corresponding potential penalties:

Being in charge of a vehicle while above the legal limit or unfit through drink; you could face up to 3 months' imprisonment, a fine of up to £2500, and a possible driving ban. 

Driving or attempting to drive while above the legal limit or unfit through drink; you could face up to 6 months' imprisonment, an unlimited fine, and a driving ban for at least 1 year (3 years if convicted twice in the past 10 years).

Refusing to provide a specimen of breath, blood or urine for analysis; you could face up to 6 months' imprisonment, an unlimited fine, and a driving ban of at least 1 year.

Causing death by careless or dangerous driving when under the influence of drink; you could face 14 months' imprisonment, an unlimted fine, a ban from driving for at least 2 years, and an extended driving test before your licence is returned.


We are able to help with all of the above convictions, but it is important that you contact us as soon as possible to give you the best chance at the best possible outcome. So don't delay, contact TrafficLawyer4u today to see how we can help you avoid a possible drink driving ban!

 

Contact us about Drink Driving Ban

For more information regarding Appeal your Drink Driving Ban | Traffic Lawyer 4 U then please contact us on 0800 195 6567 or email us at click here to email us.


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Careless Driving

The careless driving 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 careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic 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.

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Drink Driving Lawyer

Robert Bimpson is widely 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.

Our success rate in either avoiding or greatly reducing a driving ban is huge.

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Driving Bans

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

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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Failing to Identify Driver

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.

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Failure to Stop

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.

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Refusing Roadside Breath Test

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.

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Speeding Ticket

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. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

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Using a Mobile Phone Whilst Driving

Most offences will be dealt with by way of three penalty points and £60 Fixed Penalty Notice. If you got caught using a mobile phone whilst driving a bus or any heavy goods vehicle the matter could proceed to a Court hearing and you could be fined up to £2,500.

 

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Hit and Run Law UK

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.

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Why Choose Us?

  • Free initial consultation with a solicitor. You will only ever be advised by a solicitor or barrister.

  • No hidden fees or increased costs. Cost is agreed in advance and will not change.

  • Expert traffic solicitor with over 20 years experience defending the motorist in England and Wales.

  • High success rate. We can get the best possible outcome for you.

 
 
Contact Us

Traffic Lawyer 4 U Limited
60-66 Wellington Road,
Ashton-Under-Lyne,
Tameside,
OL6 6DE

Tel: 0800 195 6567
Email: click here to email us