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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 1988
12-month minimum banMandatory on conviction
Up to 6 months’ custodyMost serious cases
3 years minimumSecond offence within 10 years

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.

Headline consequences for Drink Driving
Potential outcomeWhat this means
12-month minimum banMandatory on conviction
Up to 6 months’ custodyMost serious cases
3 years minimumSecond 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.

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Your next step

Free initial consultation

Your questions matter.
Let’s talk them through.

You don’t need all the answers.
Just start with what’s happened.

Book a free consultation contact@johnviolaris.com ↗
John Violaris · Criminal Defence SolicitorEngland & Wales