Special Reasons for Drink Driving
There may be circumstances where a person who has driven a motor vehicle while his alcohol exceeded the prescribed level does not have a defence but may still avoid a disqualification if he has a special reason. It is for the driver charged with drink driving, once a guilty plea has been entered, to satisfy the court that there are special reasons not to disqualify and then to persuade the court to use it’s discretion in not disqualifying.
Disqualifying a Drink Driving Case
In order to raise special reasons for not disqualifying in a drink driving case, the defendant must understand that the court will only take account of reasons special to the offence and not the offender. Financial or other hardship to the driver will not prevent a disqualification for drink driving. Factors such as moving a vehicle to prevent a hazard or accident may amount to a special reason and be used to persuade a court not to disqualify a defendant convicted of drink driving.
There are many instances of people being guilty of drink driving as a result of having their drinks laced with alcohol by another person, without their knowledge. This could amount to a special reason to be put before the court to avoid a ban for drink driving. Clearly this is a complicated legal area and strict rules have been laid down by the courts in relation to special reasons. The courts have also indicated that for this to be successfully argued, it may well be essential to instruct expert scientific witnesses to calculate the blood alcohol level that a person would have had if his drinks were not laced. Clearly it is essential for you to receive our expert advice and representation if you wish to avoid a driving ban for drink driving by use of special reasons.
Drink Driving in an Emergency
A person may also avoid a ban for drink driving if he can satisfy the court that the journey was an emergency. To satisfy the court that the journey was what amounts to ‘an emergency’ would require specific legal knowledge of the case law in this complicated area, as cases have made it clear what does and does not amount to an emergency. it is also worth remembering that certain circumstances might be such as to amount to the defence of duress or necessity and enable a driver to enter a not guilty plea to drink driving. Specialist legal advice is required to distinguish between a defence to drink driving and special reasons for not disqualifying after a conviction of drink driving.
Free Drink Driving Consultation
Robert Bimpson is wildly acknowledged to be an expert in the defence of Drink Driving Charges and Drink Driving Laws. 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 Drink Driving case.
The initial consultation is FREE to let you know exactly how to deal with your Drink Driving 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!