STEP ONE – GENERAL DEFENCES

We will assess your case to see if any of the following general defences apply.

Private land

If the vehicle is on a private road or car park you will have a defence as the law requires the vehicle is in a public place. Some car parks have restrictions for example patrons only or there may be private land signage or the road may be used too infrequently by the public for example remote council owned tracks or cul-de-sacs. In one case decided by the Courts, a university campus was held to be private land when used outside of normal hours. 

Hip flask defence

If alcohol is consumed after driving the vehicle we can calculate what your breath alcohol level would have been without the post driving alcohol. You will have a defence if the calculations show your level is below the prescribed limit. The prosecution may offer no evidence with a favourable scientists report

Duress of circumstances

Where the driver fears life or serious harm to themselves or someone else this is a defence which may avoid disqualification and a criminal record. In other cases of emergency this may amount to special reasons to avoid a ban (see special reasons).

Evidence of driving

Being found inside the vehicle or near the vehicle may amount to evidence of drunk in charge (which usually carries 10 points) but not drink driving. Sometimes the only evidence of driving will be verbal exchanges with the police which may not be used as evidence against you if you have not been cautioned. Even with admissions in interview at the police station we can apply to the court to exclude this evidence and argue there is no case to answer where the police fail to explain your right to speak to a solicitor by phone when a face to face has been declined.

Here are some examples of the firm’s previous cases with the above issues. 

R v OA – Stratford MC 

The Defendant was charged with driving with excess alcohol. The client had driven away from a nightclub in fear for his safety. The firm persuaded the prosecution to offer no evidence at trial after they had agreed a statement supporting the client’s version of events. 

R v DK – Carlisle MC

The prosecution agreed to discontinue the drink driving charge with a plea bargain to drunk in charge. There was no video evidence supporting a continuous line of sight when the officers claim to have seen the client driving. The client received 10 penalty points Instead of an automatic driving ban. 

If these legal defences do not apply or are not successful we can still attempt to avoid a ban by challenging police station procedure.

STEP TWO – LEGALITY OF ARREST AND POLICE CONDUCT

The court has the power to exclude the crown’s case as a result of unlawful arrest or from the conduct of the arresting officers. Here are some examples

• Excessive force or intimidation. A number of clients have had charges dismissed due to intimidation, disproportionate force and the inappropriate use of strip searches and taser guns.
• Using handcuffs without justification is by definition an assault under ACPO guidelines
• The police officers may make false claims as to the reason for stopping your vehicle. This may amount to bad faith resulting in discontinuance of the charges as the credibility of police witnesses must be taken into account by the CPS under the code for prosecutions.
• False claims by the police officers that they had your permission to enter your property which is proven not to be the case by body cam footage may result in discontinuance due to bad faith.
• Insulting or inappropriate behaviour can result in the case being dismissed. A case against one of our clients was dropped due to inappropriate and unwanted attention by an officer. 
• The police are required by force policy to arrange hospital assessment where your airbags deploy after a collision.

STEP THREE – NON DISCLOSURE



A high proportion of successful cases are where the police fail to comply with their disclosure duties.

If we are unable to prepare your case due to the prosecution failing to supply evidence you are entitled to an acquittal.

Here are some examples

R v RJ – North Tyneside MC. Client did not have an interpreter at the police station. Case dropped before trial due to the prosecution failing to comply with the duty to serve unused material.

R v MA – Camberwell Green MC. Client had not consumed sufficient alcohol to exceed prescribed limit. Case dropped before trial after the prosecution failed to serve the CCTV from the breath test room.

STEP FOUR – DISCONTINUANCE

In some cases we can persuade the CPS to drop charges before the case proceeds to court. This saves you the expense and worry of having to attend Court. Here are some example cases dealt with by the firm

R v ZA – Hendon MC. The matter was discontinued in advance of a disclosure hearing. The Defendant didn’t need to attend for her trial.

R v AK – Luton MC. Notice of discontinuance served. Issue of whether the police followed the correct procedure

R V HS Banbury MC. Client was alone in her vehicle at a car park after consuming alcohol and called the police due to not being able to drive home having been unable to contact her husband for a lift. The case was dropped after we persuaded the CPS the client had no intention to drive home.

STEP FIVE – PLEA BARGAIN


This can be a quick way of resolving the case at the first hearing without the need for a trial. We offer a guilty plea to a less serious offence usually drunk in charge provided the prosecution agree to drop the drink driving offence. Here are some example.

R v LG Derby MC. The client admitted to driving after an accident but was not given her rights to access a solicitor by phone before the interview. The prosecutor agreed to accept drink in charge which meant 10 points instead of a lengthy driving ban.

R v LM Swansea MC Client not told about right to solicitor by phone before interview after declining a face to face. 10 points imposed instead of mandatory 12 month ban after prosecution accepted guilty plea to drunk in charge.

STEP SIX – SPECIAL REASONS

Special reasons can avoid a driving ban where no legal defence is available. In some cases even a criminal record may be avoided and your legal fees reimbursed. Here are some examples

Emergencies

You may have believed at the time of driving you had no choice but to do so despite having consumed alcohol. Where this happens you may be able to argue “special reasons” as a way of avoiding a driving ban. The typical cases involve some kind of emergency. Cases have been upheld for medical reasons e.g. getting someone urgent medical treatment, to avoid threat of personal safety or that of others, and where people have driven due to concern for missing children.

Short distance driven

The Courts can waive a driving ban where you have driven a short distance so that no real risk was posed to the public.

Spiked/ laced drinks

If you drank more than what you thought you were drinking, or the drink was a different type to what you thought, or someone added drink to your glass without your knowledge, we can obtain a report from our scientists to work out if the additional alcohol would have impaired your driving. Where this is confirmed we may argue special reasons against a ban on your behalf.

Call us now on 0800 044 3730 to find out how we can help you