DRINK DRIVING

There are a number of offences which relate to driving whilst under the influence of alcohol.

These are:-

If you are charged with any of these offences you will be devastated and fearful for the impact any penalty imposed would have on your family and work. We understand how you feel and the sooner you get expert advice which can put your mind at rest the better you will feel. You do not have to face this alone.

What can Auriga Advocates do for you?

Here at Auriga Advocates we pride ourselves providing excellent advice in simple, clear and concise terms. We believe that our client should know their possible defences to a drink drive offence and what their chances of success are.

We approach the prosecution evidence with a meticulous eye for detail, leaving no stone unturned for arguments with which we can challenge the prosecution case.

There are a number of issues which we consider such as

  • Is the evidence against you enough i.e can they show you were driving?
  • Have the police followed the procedure at the station correctly? The
    procedure is complicated and easily breached particularly when the more unusual
    tests of blood or urine are taken.
  • Have to prosecution followed the legal procedure correctly? The regulations
    in a drink drive case are complicated and certain rules must be followed such as
    disclosing the evidence and unused material.
  • Have all the relevant witnesses turned up? Surprisingly, police officers
    fail to attend trials and this provides us with an argument to get the case
    thrown out.

We are experts at handling all these issues and Andrea Clegg, our CEO has years of experience with the prosecution and knows only too well the problems they can have and as our testimonials show – she is always one step ahead and ensures that her team are too!

  • Auriga, you were ahead of the CPS every step of the way. The advice you gave
    was correct and accurate at all times and your assessment of where and how the
    case should be dealt with was spot on. Oliver and Archie were excellent in
    court both in terms of performance and steadying my nerves.

What should the prosecution prove for a drink drive offence?

The prosecution must show that you were

  • Driving the vehicle
  • Were over the limit at the time of driving

What is the penalty for drink driving?

The penalty is serious as it carries a maximum penalty of unlimited fine/6 months imprisonment and a minimum disqualification of 12 months.

The penalties are assessed depending on your level of alcohol and the circumstances of your driving the higher the level and the more serious the incident of driving, the higher your penalty

If this is your second offence within 3 years the court will have to impose a minimum 3 year ban.

How do I work out my sentence for driving with excess alcohol?

If you complete our drink drive calculator page you can work out approximately what your sentence is likely to be?

 

To be absolutely sure call one our expert drink drive solicitors who will discuss your sentence and how we may be able to mitigate your it. 

When will I be in excess of the alcohol limits?

The legal limits are listed below if you are in excess of these you will be prosecuted for the offence of driving with excess alcohol. However in the case of breath the policy for prosecution is not to prosecute below 39ug.

  • Breath 35ug in 100ml
  • Blood 80ug in 100ml
  • Urine 107ug in 100ml

What defences are there to driving with excess alcohol?

There are numerous possible defences as follows:-

  • Showing that you were not driving.
  • Denying that you were driving on a road or in a public place.
  • Arguing that you consumed the alcohol that took you over the legal limit
    after you stopped driving (otherwise known as a hip flask defence).
  • Denying that you were over the limit and arguing that the police evidence is
    unreliable.

Defending excess alcohol can be extremely complicated and you should not defend this alone.

Do not leave your fate to chance by attending court unprepared and unrepresented.

We know how worried you are and how daunting the prospect of court proceedings are?

Do not wait, get advice on your defence now by calling one of our expert solicitors who guide you through the process.

We will be with you every step of the way. Collating evidence and leaving nothing to chance.

 

 

If I am guilty of driving and over limit is there any way I can avoid a disqualification?

If you accept that you are guilty of driving with excess alcohol you may be able to avoid a disqualification by arguing that special reasons apply in your case.

Examples of special reasons are :-

  • Laced drinks where someone without your knowledge has added alcohol to your
    drink
  • Short distance driven and you have not put pedestrian or property at risk
  • Emergency/Necessity where you had no other option such as calling
    police/ambulance

There are strict rules about the application of special reasons and before you take any further steps you should get some free advice from one of our specialist solicitors who will be able to advise you on your chance of success with a special reasons argument.

If I am convicted in the Magistrates Court but do not agree is there anything I can do?

There is a route of appeal which you can take either against conviction or sentence but you should always get legal advice on the best route and whether you have a strong case for appeal.

READ MORE ABOUT APPEALS

 

Unsure what your options are?

If you are charged with an drink drive offence you will be devastated and also fearful for the impact any penalty imposed would have on your family and work.  You do not need to go through this alone. Call one our specialist solicitors who will be able to discuss your options and support you every step of the way

One of our legal team will be more than happy to discuss  your options and your concerns FREE OF CHARGE.

  • I am a lawyer and for the first time I found myself facing an interview under caution for driving without due care and attention. I phoned Auriga in response to their offer of a free consultation. I had my doubts about the quality of advice I might get in a free consultation but in the event there was no justification for my scepticism. The woman I spoke to (Andrea) listened very carefully to everything I had to say, asked relevant and incisive questions, challenged what I said where appropriate, and made valuable suggestions for the way in which I was to handle the interview. She explored the possibilities of a resolution which would avoid prosecution. I was highly impressed by the level of attention, knowledge, care and the thoroughness with which she advised me. As someone who is used to giving legal advice myself, I could not fault her.
    Best of all, it is now five weeks since the incident. I was told I would be contacted within a couple of weeks or so if the police were to take the matter further. I was undoubtedly guilty of driving without due care and attention. I don’t want to tempt providence, but it very much looks as if I may not even be required to attend a driving course.
    Mr. B, London

  • Auriga, you were ahead of the CPS every step of the way. The advice you gave
    was correct and accurate at all times and your assessment of where and how the
    case should be dealt with was spot on. Oliver and Archie were excellent in
    court both in terms of performance and steadying my nerves.

  • Auriga Advocates have been extremely helpfully, very professional to the highest of standards. My case was dealt with quickly, efficiently and thoroughly. I was given all the relevant information to make an excellent and informed decision for the best possible outcome. Andrea has an extensive knowledge regarding drink drive offences and court in general. I would highly recommend her to anyone with confidence that she would be able to get the best possible outcome.

    Mr L Cheshire

  • Andrea had been assigned to me to help deal with a Road Traffic Incident.  I came across their service on line.

    I found Andrea to be very professional and helpful.  Explaining everything in full, so I was able to understand what was happening at all times.  Andrea worked fast and able to get a result for me very quickly.

    I would like to thank Andrea for helping make the ordeal less stressful and would highly recommend her and the company to all my friends who might be in the same situation I found myself in.

    Mr S, Cheshire.

    (In this case we persuaded the police not to issue proceedings at the outset).

  • Thank you for the professional way in which the Auriga Advocates team managed and handled my case. Every question I had at every stage was not only answered but explained so that I understood.I was looking at a long ban and community service but thanks to you and the manner that you dealt with the case especially on the day of the Court hearing, you were able to reduce this to a short ban and small fine.Thank you for achieving the best possible result for me.

    I would recommend you without reservation. Not only were you professional but as a person who had never been in this type of predicament before for the help and understanding you provided to me as an individual.

    Many thanks      Mr G Southampton

  • I would like to thank you for all your help and support over the last few months both in and out of court, knowing I could contact you if ever i had any questions was very reassuring and made this whole ordeal a lot less stressful, for that I cant thank you enough.

    I found your representation in court excellent, resulting in the lowest possible disqualification and fine I could have received.

    I really appreciate all the work you put into my case thank you. 

    Ms S   CHESHIRE

  • It was very reassuring to have had your support and advice throughout such a difficult and stressful situation.

    The incident itself had caused me a lot of stress and therefore it took the anxiety away having your representation in court.

    I cannot thank you enough for all the help and support you offered, I would be sure to recommend you to my friends and family should they find themselves in a similar, unfortunate situation.”  

    Ms Gray Staffordshire

  • Andrea was very quick to respond and gave sound advice from the on-set. She was pro-active in gathering relevant and appropriate information to support the case. Andrea was supportive throughout  and as our advocate presented professionally in court achieving the best possible result.’

    Mrs H  Shrewsbury

  • A big thank you to Auriga Advocates. As an IT contractor I have been riding my motorcycle all across the UK for the last few years. In that time I managed to clock up 9 points. With another 3 on their way I found myself in the serious danger of losing my licence due to “totting up”.

    Andrea’s assistance in putting together a case for exceptional hardship at short notice was invaluable, without this and the excellent representation in court I would have struggled to have put my case forward with the concise delivery and merit that is required in these cases. Andrea from Auriga was supportive and has a genuine concern for people’s welfare, at the same time professional, thoughtful and of course very knowledgeable in her field. Thank you Andrea for all your help and for the excellent result that we had on the day

    Mr H Wales

  • Although Andrea wasn’t representing me but my partner, I would like to say how much she helped me with her calm, caring manner.  She went far beyond what we could expect.  From that first phone call one dark evening in November last year she has been a Godsend, helping us get through a very difficult time.

    An excellent professional but also now a friend who helped us so much.  I couldn’t recommend Auriga more highly, a big thank you to them all.

    Ms T Kent

  • Auriga couldn’t have done more for me in a time of need and worry.  Their professionalism and calm manner helped take the worry away.  What could have been a disqualification has ended with 6 points.  If you need advice and help look no further than Andrea and her team.  So professional and caring and at a very reasonable cost, I couldn’t recommend Andrea highly enough, don’t hesitate in making that call to Auriga, their timely actions gave me a genuinely good result.

    Mr R Kent

  • Thanks to you all for a great service!  Have been really pleased with your efforts from start to finish and the regular updates you’ve provided.  Your reassurance has been like a breath of breath air in a time of uncertainty, and although you’ve provided a great service i must say i’m most pleased about the result!”

    The result was discontinuance of the offence and full refund of fees after a claim for defendant costs out of central funds.

    Mr M Cheshire