Being charged with a drink driving offence can be a daunting and stressful experience. However, it is important to understand that not every drink driving charge leads to a conviction. At Wellingtons Solicitors, our experienced drink driving lawyers meticulously investigate every case to identify potential defences that could significantly impact the outcome of your case. Understanding these defences can help you make informed decisions and ensure you receive the best possible legal representation.
Why Defending a Drink Driving Charge Matters
A conviction for drink driving carries serious consequences, including driving disqualification, fines, increased insurance premiums, and even imprisonment. Therefore, exploring every possible defence is crucial to protect your driving licence, your reputation, and your future. Our solicitors are skilled in scrutinising the evidence and police procedures to build a strong defence tailored to your unique circumstances.
Common Defences Explored by Our Drink Driving Solicitors
1. You Were Not Driving or Attempting to Drive
One of the fundamental defences in a drink driving case is proving that you were not actually driving or attempting to drive the vehicle. The law defines “driving” as having control over the direction and movement of the vehicle. If you can demonstrate that you were not in control of the vehicle at the relevant time, this can be a strong defence against the charge.
For example, if you were a passenger or had no intention of driving, our solicitors will gather evidence and present arguments to support this position.
2. You Were Not on a Public Road or Place
Drink driving laws apply specifically to driving on public roads or places accessible to the public. If you were driving on private property or an area not classified as a public place, this may provide a valid defence.
Our lawyers will carefully examine the location where the alleged offence took place, using legal definitions and case law to challenge whether the area qualifies as a public road or place under the Road Traffic Act 1988.
3. Alcohol Was Consumed After Driving (Hip Flask Defence)
The “hip flask defence” is a well-known legal argument used when a person is found over the legal alcohol limit but claims that the alcohol was consumed after they stopped driving.
This defence requires detailed evidence about the timing and quantity of alcohol consumed before and after driving. Our solicitors may also engage expert witnesses to provide scientific analysis supporting your claim.
4. Procedural Errors by the Police During Testing or Arrest
Police officers must follow strict procedures when conducting breath, blood, or urine tests and during the arrest process. Any failure to adhere to these procedures can render the evidence inadmissible or unreliable.
Our drink driving solicitors thoroughly review police conduct, including whether the officer was in uniform, whether you were properly cautioned, and if the testing equipment was used correctly. Procedural errors can be a powerful defence to challenge the prosecution’s case.
5. Inaccuracies or Malfunctions in Breath, Blood, or Urine Testing Equipment
Testing devices used to measure alcohol levels must be regularly calibrated and maintained to ensure accuracy. Faulty or improperly maintained equipment can produce inaccurate results.
Our lawyers investigate the maintenance records and calibration certificates of the testing devices used in your case. If there is evidence of malfunction or inaccuracy, this can be used to dispute the reliability of the prosecution’s evidence.
How Our Drink Driving Lawyers Build Your Defence
At Wellingtons Solicitors, we understand that every case is unique. Our approach involves:
- Detailed Case Review: We examine all evidence, including police reports, test results, and witness statements.
- Gathering Supporting Evidence: This may include CCTV footage, expert reports, and witness testimonies.
- Legal Research: We apply relevant laws and precedents to identify the strongest defence strategies.
- Clear Communication: We explain your options in plain language, helping you understand the strengths and weaknesses of your case.
- Court Representation: Our experienced solicitors advocate on your behalf, presenting your defence effectively to the Magistrates’ Court.
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