Pleading Not Guilty To Drink Driving

Pleading not guilty to drink driving: everything you need to know

Pleading not guilty to drink driving can actually be the right choice in many situations – even when you have been told you were over the legal alcohol limit when you were stopped by the police.

However, entering a not guilty plea is not something you should do alone. Because proving that you were not guilty calls for expert analysis of the evidence against you and experience of the legal system.

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Here is everything you need to know about whether a not guilty plea might be the right choice for you:

Can I Plead Not Guilty To Drink Driving?

Yes, you can plead not guilty to drink driving. The most important question is usually should you plead not guilty?

The first thing to bear in mind is the consequences of being found guilty of drink driving. This includes a mandatory 12-month driving ban, almost always a fine (probably of several thousand pounds, up to a theoretical maximum of £5000), and – if this isn't your first offence – even prison time.

A year-long driving ban can have consequences all of its own. How will you get to work if you can't drive, for example? For some people, the cost of a guilty verdict goes far beyond the fine.

There is also the fact that you will then have a criminal record. This may make it more difficult to do things like get a new job or move to a different country.
In short, a not guilty plea is always worth considering in a drink driving charge. So long as – and this is vital – you know whether or not you have a legally valid case for your plea.

Drink Driving Not Guilty Plea – Is It The Right Choice?

Whether a not guilty plea is the right choice for your drink driving charge will always on the strengths and weaknesses of the evidence against you.

Unfortunately, in the UK legal system, the prosecution doesn't have to show you the evidence unless you decide to contest the charge. This means people can (and regularly do) get banned from driving based on little or no evidence or unaware if there is even any evidence against them at all.

Generally speaking, it is likely to be worth at least forcing the CPS (the Crown Prosecution Service) to disclose the evidence against you. Because this costs them time and money, they usually aren't keen on doing so. They tend to count on the fact that most motorists simply plead guilty.

But forcing the CPS to comply with its disclosure requirements may reveal holes or weaknesses in the case against you that a skilled drink driving solicitor can exploit. With this information and advice at hand, you can decide whether or not to plead guilty.

Do I Need A Solicitor If I Plead Guilty To Drink Driving?

Yes. If you want to contest a drink driving charge and consider pleading not guilty, you absolutely need a specialist solicitor on your side.

This doesn't mean the free duty solicitor from your local police station. These hard-working general professionals are much more likely to recommend you simply accept the charge and try to mitigate it with an early guilty plea. Sadly, the court must still then impose a driving ban.

Your best results will always come from a specialist drink driving lawyer with extensive knowledge of the legal system (which can be confusing and intimidating) and experience with this kind of motoring offence.

What Happens If I Plead Not Guilty To Drink Driving?

If, with your solicitor's expert advice, you decide to plead not guilty, here is what will happen:

1. You will have an initial hearing – at which you can plead not guilty.
2. Your case will be adjourned – likely for around three or four months until your trial (if this goes ahead – most drink driving solicitors will aim to get your case dropped).
3. Your solicitor will gather and review evidence – this may mean collecting witness statements proving you were somewhere else or that the breathalyser used in your case was malfunctioning.
4. Your solicitor will help you prepare for court – if the CPS insists it has a case, your solicitor will talk you through the strategy that will have the best chance of success in court.
5. Your solicitor will represent you in court – it is possible to represent yourself in court. However, it's rarely a good idea unless you are deeply familiar with the legal system and very good at public speaking. Magistrates don't go along with simple sob stories.

Speak With A Specialist Drink Driving Solicitor

The first step before you decide whether pleading not guilty to drink driving is the right choice for you is to talk it over with an expert.

Let's work together to get you the best possible result with the least possible stress.

Please call us now on 033 03411690 or Click to make an Online Enquiry.