Drink Driving

Drink Driving

Drink driving charges do not just include the obvious offence of driving whilst over the prescribed limit for alcohol and being unfit through drink or drugs; it also includes the less obvious of:

  • Being in charge of a motor vehicle whilst over the prescribed limit
  • Failing to provide a roadside breath test, and
  • Failing or refusing to provide an evidential sample of breath, blood or urine.

At Nockolds we have the specialist experience to be able to advise you on your particular circumstances. Whilst the scenarios are endless, some of the general rules and how they can be applied are set out below.

Statutory Defence

In this situation the Defendant must to bring evidence to the Court to show that it was more likely than not that they would have been legally allowed to drive before they drove. This will not stop you from being charged with the offence and brought before the Court, but could result in being found ‘not guilty’.

It is advisable to obtain expert help in presenting your case in these situations. We will help you to identify evidence which can be put forward on your behalf to demonstrate that there was no intention to drive.

Special Reasons

Whilst it is not possible to list all the circumstances that amount to special reasons, the general idea is that these circumstances are special to the offence, rather than the offender. An example of this would be the Spiked Drinks Defence – which includes situations where you have consumed alcohol that you had no knowledge of. This defence includes situations where food or medication contains alcohol which you were unaware of.

For more information on drink driving offences and how we can help you, please contact our Motoring Team on 01279 755777 or get in touch with Pete Dodd, Partner in our Motoring Team.

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