Camden Solicitors

What samples are required for evidence of drink driving?

To prove drink driving, the police will have to take a sample or breath, urine or blood.  The current limits are 35 parts per 100 for breath, 80 parts per 100 for blood or 107 per 100 for urine.  If a blood test is carried out, this will need to be done by a qualified doctor.  In the majority of cases, drivers suspected of drink driving will be asked to provide a specimen of breath by the roadside and this will need to be followed up by further tests at a local police station if shown to be above the limit.

What is the punishment for drink driving?

It depends on the severity of the offence and whether it is a repeat offence or not.  In all cases, there will be a mandatory ban of 12 months and a fine which varies according to the severity of the offence.  If a repeat offence within 10 years, the ban will be ten years.  Severe offences may attract a prison sentence of up to six months.

I believe my drink was spiked.  How will this affect the charge?

Drink driving is a strict liability offence meaning you can still be prosecuted, although if you have sufficient evidence, the court may take this into account and not impose a ban.

Is it an offence to use electronic devices other than a mobile whilst driving?

Any electronic device including PDAs, GPS and MP3 players can distract a driver from driving and consequently be charged with carless or dangerous driving.

What defence is available to mobile phone use?

The only real defence available is to show that there was a genuine emergency.  Usually this will mean a 999 call and by obtaining phone records it shouldn’t be difficult to show this.

I’ve been charged with speeding.  Is there anything I can do?

It depends on how you were caught.  The majority of offences are evidenced using speed devices, GATSO cameras being the most commonly used device. It may be possible to argue that the device was not properly calibrated or used according to the manufacturer’s guidelines.  If a handheld device was used by the police, again it could be alleged that the device was not properly calibrated or in good working order and that the officer using it did not use it according to strict operational guidelines or received inadequate training to use the device.

Are there any mitigating factors for careless driving?

If a driver is found to be driving carelessly, the court may take into their account and experience when deciding on the severity of the punishment used.  However, with the introduction of New Driver regulations, new drivers can have their licenses revoked if they amass more than 6 points within the first two years.

I have totted up 12 points and it looks like I am going to lose my license.  Is there anything I can do?

There is a chance that you won’t receive a mandatory six month ban if you can show that losing your ability to drive will cause exceptional hardship to you and others.  If, for example, you are at risk of losing your career and means to provide for your family, this may be sufficient to show exceptional hardship.