Any person convicted of driving with excess alcohol or driving whilst unfit through drink or drugs faces automatic disqualification and may even risk imprisonment.
Specialist advice at the earliest possible opportunity is essential
If you have been charged with driving with excess alcohol, the Prosecution will have to prove that you were driving with excess alcohol in your breath, urine or blood. The present drink drive limits are as follows:
- 35 micrograms of alcohol in 100 ml of breath
- 80mg of alcohol in 100 ml of blood
- 107mg of alcohol in 100 ml of urine
When a police officer has reasonable grounds to suspect that a person is driving with excess alcohol he can require that person to perform a roadside breath test. If this provides a positive reading the driver will be arrested and taken to a police station where a further ‘evidential test‘ is taken. This often means that you will be spending a night in a police cell which can be terrifying experience for someone who has never before been in trouble. We understand this and provide a swift and efficient service giving you immediate peace of mind, knowing that you have an expert on your side, right from the beginning.
A refusal to provide a specimen without reasonable grounds is a separate offence. There are 2 such offences:
Failure to provide a Roadside sample
Failure to provide an evidential specimen
There are a number of devices presently used by the police to provide alcohol reading. The most common machines used are the Lion Intoxilyzer 6000 UK and the Intoximeter EC/IR. There are complex and technical rules governing the correct operation of every machine and any police officer using the machine must have the appropriate training. If the correct procedure is not adhered to, it may be impossible for the prosecution to rely upon the reading in court and you would be found not guilty. We have had immense success in previous cases challenging the operation of these devices and the procedures used by the police and are experts at finding ‘technicalities‘ which defeat the police and prosecution case. That’s how we are consistently Delivering Results through Excellence.
Mansouri & Son Solicitors offer a swift response to all clients facing prosecution for alcohol related offences due to their severity and the fact that the courts tend to process alcohol related prosecutions very quickly. You may be unsure if you have a defence based on the facts of your case or if you have a defence due to a procedural technicality. Our team are amongst the country’s leading experts in this field, will consider the evidence in your case and take your full statement before providing you with our views of the merits of defending a prosecution or pleading guilty. We will do this for a very competitive fixed fee, starting at just £99 plus VAT so that you do not have to commit to spending significant fees in order to see if there is any way of defending the prosecution.
Avoiding disqualification
Driving whilst unfit and driving with excess alcohol carry a compulsory disqualification unless ‘special reasons‘ can be shown. These may arise if the vehicle was only driven in circumstances of emergency, for example to take someone to hospital when no other alternative was available. It may also arise if a person drove after having their drink ‘laced‘.
We are experts at identifying ‘special reasons‘ and we will advise you as to whether ‘special reasons‘ arise in your case and can assist you to prove such ‘special reasons‘ in court. Where such reasons are found to exist, disqualification can be avoided.
We provide representation in all courts in England & Wales.
The courts also have a discretion to offer anyone convicted of a drink driving offence the opportunity to attend the Drink Drivers Rehabilitation Course. Successful completion of this course can result in a 25% reduction of the length of the ban.
Punishment
A fine of up to £5000, up to 6 months imprisonment and mandatory disqualification for a minimum period of a year.
Where the driver has a previous conviction for an alcohol related offence within the last 10 years the minimum disqualification is 3 years and there is a real risk of a custodial sentence.
For more details of our fee structure in Road Traffic matters see fees and costs
If you or someone you know has been arrested we can act immediately and can be contacted 24 hours a day in an emergency on 07966 259252
The team is led by Dr Cyrus Mansouri and Mr Shaffiq Amin
Call now for a FREE assessment
020 8401 7352
Emergency Number 24/7: 07966 259252
