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Drink Driving Solicitors
At MJP solicitors we are experienced in providing advice and representation to those who face a drink driving charge. Our specialist solicitors regularly represent clients throughout the North West courts ensuring they are secured the best possible outcome for their case, this may mean the case being discontinued, an acquittal at trial or avoiding a disqualification.
We take defending drink driving cases seriously and have been trained in the operation of the Camic Datamaster - a breathalyser machine used throughout England and Wales and are the only machines used within police stations in the Liverpool region.
There are two main offences for excess alcohol (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit). These are driving or attempting to drive a motor vehicle and being in charge of a motor vehicle whilst over the limit. There is also the offence of failing to provide a specimen which a person is charged with when they appear refuse to blow into the breathalyser machine at the police station or fail to provide bloody for analysis.
We will never countenance a guilty plea for any of these charges until we are satisfied that there are no deficiencies in the Prosecutions case that can be used to your advantage.
If a guilty plea is unavoidable or advisable we will strive to ensure the best possible sentence in your case. By applying the Magistrates sentencing guidelines carefully and skilfully and presenting mitigation that may not be obvious to a lay person. Our drink driving solicitors are often successful in persuading the Magistrates' court to depart from the guidelines by imposing a much reduced sentence.
As a conviction for drink driving carries a mandatory disqualification from driving, and therefore can impact heavily on person's life, we highly recommend you seek legal advice as soon as possible.
If you've been charged with a drink driving offence call today for free advice on 0333 011 0515. All calls and enquries to us are FREE with NO OBLIGATION. Our services are available throughout the North West including Liverpool and The Wirral.
Drink Driving Penalty CalculatorUse our calculator to see what penalty you could receive
Drink Driving Charge
This particular offence of driving or attempting to drive whilst over the prescribed limit is charged under: -
Section 5 1(a) Road Traffic Act 1988
drives or attempts to drive a motor vehicle on a road or other public place
There are numerous issues that need to be assessed by your specialist motoring solicitor before we even ask you to give us your account. Issues that may be overlooked by a solicitor doing general criminal work.
We will assess whether the police constable had the power to request a preliminary breath test also known as the roadside breath test. That is, did the officer have reasonable cause to suspect you of driving with alcohol in your body? Or was this a random stop and a routine request as part of an operation during the festive season.
Under what circumstances can a police officer act on information received from a anonymous phone call? Under what circumstances can a police officer enter premises or trespass on land in order to request a breath specimen or to carry out an arrest?
We have an in depth knowledge of what powers the police really, have as opposed to what they think they have, and how far the courts will allow them to be applied or interpreted.
If you provided a breath specimen which was over the prescribed limit of 35 microgrammes in a 100 millilitres of breath (the police will not prosecute unless your reading has reached 40mg) we will carefully examine the print out with a view to establishing its admissibility in court. Can the prosecution establish that the print out relates to the specimen that you provided; has it been timed and dated correctly. Is there information on the print out that suggests the machine was not working properly or that the reading is unreliable.
If your reading was between 40 and 50 mg were you given the option of providing blood. Failure by the police to give that option will render the breath specimen inadmissible.
There are far too many issues to list. One mistake in the procedure may be fatal to the prosecutions case. Instructing one of our Motoring Solicitors will ensure if an error or failure is present in your case it will be identified, thus ensuring that you do not unnecessarily accept a driving ban.
Getting Advice and Representation
If you've been charged with drink driving or attempting to drive then we recommend you speak to a solicitor as soon as possible so that they can assess your case. You can speak to our motoring law specialist, Gary Bryan, for a free, no obligation consultation about your case on 0333 011 0515. Or you can leave a message and we'll get back to you at a convenient time.
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Drunk In Charge Of A Motor Vehicle
If you are charged with being Drunk in Charge of a Motor Vehicle, the police may lead you to believe that establishing that you were over the legal limit and in possession of the keys whilst inside or close to your car is sufficient for the offence to be made out.
Section 5 1(b) Road Traffic Act 1988
is in charge of a motor vehicle on a road or other public place
There is a defence often overlooked by the police officers in interview whereupon a person is entitled to be acquitted if he can establish that there was no likelihood of him driving whilst he remained over the legal limit. This is something our solicitors can assess when assessing your case.
Getting Advice and Representation
We strong recommend seeking legal representation when faced which this charge. Our specialist, Gary Bryan, is available on 0333 011 0515 for a free, no obligation, consultation.
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Failing To Provide A Specimen
When assessing a failing to provide case we will examine the many possible issues that may be used to your advantage including the drink drive procedure conducted at the police station. For example; were you informed that failure to provide will result in prosecution? If this warning was not given you cannot be convicted of refusing a breath or blood specimen.
Section 7(6) Road Traffic Act 1988
Failing to provide a specimen of blood, urine or breath for analysis.
If you did fail to provide specimen for analysis you may still have a reasonable excuse. This will normally require the defence to establish that you were physically or mentally incapable of providing a breath specimen or that the provision of a specimen would represent a substantial risk to your health. This is something a specialist solicitor when assessing your case.
Getting Advice and Representation
In serious cases this offence can attract a prison sentence so it is important you seek legal advice as soon as possible. You can call 0333 011 0515 for a free, no obligation consultation about your case.
In all the above scenarios we can provide advice and representation, at the police station or at court, throughout England and Wales including Merseyside, Liverpool, Wirral.