Avoid A Drink Driving Ban

To avoid a drink driving ban, or to reduce the length of your disqualification, you need to present a solid legal defence. We can advise what legal defence is best suited to your situation and can argue your case in court.

We have successfully defended 87% of all drink driving cases we have dealt with.

For a free enquiry, please call us on 03303411690 or Make an Online Enquiry and we will contact you shortly.

Drink driving bans

The penalty for drink driving typically includes a driving ban. However, the court does have the power to exercise its discretion. This means that each case is considered on an individual basis. Even if you have been caught drink driving, it is possible to present a legal defence that - 

1. Results in you being found not guilty, or
2. Results in you getting a reduced driving ban, or
3. Results in you avoiding a driving ban

Drink driving defences

There are different legal defences that can be used in drink driving cases. Some of the most common include –

Procedural error

The police must follow very strict procedures when testing someone for drink driving. If these procedures are not followed correctly, it means the evidence cannot be used. Even if your case looks open and shut, we can examine whether there were any fundamental errors which render the evidence inadmissible.

Not in a public place

To be guilty of drink driving, you must be found driving on a public road. Sometimes, the police maintain that a road is public simply because the public has access to it. However, this is not necessarily true. We can confirm whether you were on private property. If so, the case can go no further. 

Identification procedures

If the prosecution’s evidence relies on eye-witnesses, these witnesses must be asked to formally identity you as the defendant. If the police do not follow the correct ID procedures, this evidence cannot be used. This can severely weaken the prosecution’s case. In fact, they may not be able to prove beyond reasonable doubt that you are guilty.

Reasonable excuse

Refusing to provide a sample is a criminal offence and can result in a driving ban. But if you can show that you had a reasonable excuse for refusing a test, the court may offer you a reduced sentenced or find you not guilty. A reasonable excuse could be that you have medical issues, mental health issues or phobias.

Special reasons

Sometimes you are guilty of drink driving, but there is a special reason that explains why you did it. It could be that your drink was laced and you did not know, or there was a medical emergency. If you can establish special reasons, the court may reduce your driving ban or allow you to keep your licence.

Drink driving solicitors

There are additional legal defences that can be used. Whatever the circumstances, if you have been caught drink driving, contact us for advice. We are experts in this area of the law and know how to win your case. Even where it looks like there is no prospect of success, we can help you.

Make a free enquiry

For a free enquiry, please call us on 03303411690 or Make an Online Enquiry and we will contact you shortly.