BLOGS

The festive season is well and truly upon us. We are all dashing to the shops to purchase those special presents and Father Christmas is preparing his sleigh to deliver presents to children all around the world. However, he will do well to watch his consumption of sherry and mince pies as the police will be stepping up their drink drive enforcement patrols over the festive period.

We understand that the police will work long hours to protect us, the general public from the risk posed by those who drive with excess alcohol in their system. The risk to public safety cannot be understated. However, for those who will face the inevitability of court proceedings it can be a distressing and anxious time. They will face disqualification from driving for at least a year, a substantial fine and for the most severe offences probation or even a custodial sentence. Whilst there is likely to be little sympathy from the court for those who deliberately choose to drink to excess and then drive, some situations are far less straightforward.

There may be genuine situations involving emergencies which could amount to a special reason not to disqualify. For example a relative who falls dangerously ill over the festive period and there is a need for immediate medical intervention which cannot be facilitated by the emergency services in time.

There may be the situation where alcohol was only consumed after the actual driving but prior to the police station breath procedure having taken place (the so called hip-flask defence).

Alternatively it could be that it is alleged that you are in charge of your motor vehicle whilst under the influence of alcohol (maybe after a decision to sleep in a vehicle after the works Christmas party). In this situation if there was no intention to drive the vehicle at all a legal defence to the charge would be available.

Here at Pardoes we can offer the professional advice and representation at court that you need to defend or mitigate your case to obtain the best outcome for you. We will fully consider and scrutinise the Prosecution evidence and have experienced experts who can advise on technical areas such as back calculation reports and the effects of any medication on the breathalyser results.

If our Motoring Defence team can be of assistance to you, contact us on 01278 457891 or enquiries@pardoes.co.uk.