Drink Driving
Driving with excess alcohol.
Specialist defence.
Being accused of drink driving is stressful and potentially life-changing. A minimum 12-month disqualification can affect your career, your family, and your independence. Before you enter a plea, speak to me.
At a glance
s.5 RTA 1988The legal framework
The headline reference for this service is s.5 RTA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.
The issues I examine
Clarity first.
Then light at the end of the tunnel
A drink driving charge is rarely as straightforward as the paperwork suggests. These are the areas that most often decide the outcome.
- Evidential sufficiency
- Whether the reading relied on is admissible, correctly recorded, and capable of proving the charge to the criminal standard.
- Identity of the driver
- The prosecution must prove you were the person driving or attempting to drive. That is not always as clear as the file assumes.
- Procedural irregularities
- The statutory procedure at the roadside and at the station is prescriptive. A material departure from it can undermine the evidence.
- Sampling compliance
- How the specimen was taken, the device used, its calibration and the options offered to you all bear on whether the reading stands.
- Post-drive consumption
- Where alcohol was consumed after driving, expert evidence may show the reading does not reflect your level at the time of driving.
- Special reasons
- Even where the offence is admitted, circumstances such as a laced drink, a genuine emergency or a very short distance may avoid disqualification.
- Mitigation
- Where conviction is unavoidable, careful mitigation shapes the length of the ban, the level of fine and whether custody is in issue.
Sentencing and possible outcomes
The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.
| Potential outcome | What this means |
|---|---|
| 12-month minimum ban | Mandatory on conviction |
| Up to 6 months’ custody | Most serious cases |
| 3 years minimum | Second offence within 10 years |
What to share with me
- Any notice, letter or charge paperwork you have received
- The dates and location of any hearing or interview
- Your account of what happened and any supporting documents
- Photographs, messages, receipts, witness details or other material that may support your account
- Details of your driving record and how a conviction or disqualification would affect other people
- Your main concerns and the questions you want answered
Personal representation
When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.
Explore all areas of practiceYour next step
Free initial consultationYour questions matter.
Let’s talk them through.
You don’t need all the answers.
Just start with what’s happened.