How To Contest A Drink Driving Charge

December 15, 2017 12:00 pm

It can be stressful being confronted with a drink driving charge. However, there are ways that it is possible to contest the charge. With the right approach it is possible to overturn it.

Test

The first thing to make clear is that a breath test in and of itself is not evidence that can be used in court. However, any further tests taken after the breath test can. It is important to comply during this process as leaving before the results is an offence in and of itself.

Circumstances

It can be difficult to prove that there are exceptional circumstances to a charge. For example, saying someone is ‘just over’ the limit is irrelevant and that is unlikely to work as an argument. What would work is a circumstance whereby driving was unavoidable, such as someone was injured and needed to be taken to a hospital immediately. In this instance there would be likely to be some leniency at the very least and in some cases the judge may let someone off for this reason.

Some clients can also argue that losing access to a vehicle could damage their work and therefore a driving ban would be counterproductive and cause more damage than necessary. However, this is an argument that needs to be handled carefully as the counter argument can be that people should be more responsible and not get caught drink driving in the first place. This is where having an effective legal representative is vital as they can look at your argument before the case comes to court.

In other cases, it may not be possible to overturn the charge but possibly reduce it. For example, agreeing to a drink driver rehabilitation course will allow people to get their license back early. Initially this can result in an increase in insurance but that increase should reduce after the course has been completed.

This can also occur in the middle of the ban if it is more than two years as the driver can prove that they have taken steps to ensure that they will not drive drunk again.

Talk to us

Of course, it can be difficult to know whether or not it is possible to contest a charge. There is not a one size fits all situation and therefore it is important to talk to someone who is aware of the legal implications of your actions and what can be done.

Fortunately, at Larcomes our approach has always been ‘big enough to specialise, small enough to care’. What this means is that we have a team of representatives with the specific legal experience and training needed for your case as well as the resources they need to represent you in the best possible way. Furthermore, we have the customer service whereby we can go over everything with you and give you the information you need to help you decide what you want to do.

For more information or to discuss your individual case in more detail please contact Larcomes today.


Posted in: News
Tags: