It is possible to avoid a disqualification when convicted of drink driving if ‘special reasons’ not to endorse or disqualify can be successfully established. This clearly was not the… Read more “Teresa”, 5 stars. Drink driving convictions: the consequences. Don’t drive between midnight and 4:00 a.m. if you don’t need to. If as a result of being convicted of a motoring offence which results in the number of points on your licence reaching 12 or more (often referred to as totting up) you will be eligible for a disqualification from driving of at least 6 months. We were also awarded costs from central funds. A penalty point endorsement is not an option for dangerous driving for which a 12 month minimum ban is compulsory. Law successfully represented a young man charged with drug driving. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where his client was at real risk of a driving disqualification. This assumption does not apply if the defence can raise some evidence of alcohol being consumed after driving but before the specimen was taken. I contacted him and he helped… Read more “I managed to keep my job”, Stephens advice was straight forward and to the point. If you receive a driving ban, it can be an extremely frustrating experience, since you will have to rely on other modes of transportation until the ban expires. The offence carries a mandatory disqualification, for example, drink / drug / dangerous driving; In addition to the points valid at the time of the offence, the penalty points imposed could take you to a total of 12+ penalty points, triggering a potential 6 month " totting up " disqualification. I was really… Read more “Helped me to keep my driving licence after I totted up to 15 penalty points”, Stephen was always kind and understanding throughout my case and at all times he was very professional and I felt… Read more “Jarod Taylor”, The thought of having to call a lawyer is quite daunting, but Stephen is the most reasurring, supportive and plain-speaking… Read more “James Whitmore”, It is never easy when you or your family have legal matters that need addressing. Either you have a defence or you have Special Reasons for not being disqualified. Drug-impaired driving is a national threat to public safety and public health. At the trial in the Magistrates’ Court, the court would not allow the expert report to be presented into evidence because of the earlier ruling by the Judge. Get convicted 2 times in 10 years and the minimum ban goes up to 36 months. I am a specialist You should take legal advice before you try to challenge a case in court. We felt strongly that both the pre trial ruling and the trial decision was wrong. M.A.J. It brings enforcement of drug driving into line with that of drink driving, by introducing a strict liability offence to avoid the need to prove impairment. There are only two ways that you can avoid a ban for drink driving. Sorry. The simple answer to the problem is that you can’t avoid a ban if you get convicted of driving with excess alcohol except in quite rare circumstances. In order for a successful argument against a ban to occur, certain legal criteria will first have to be met. Either you have a defence or you have Special Reasons for not being disqualified. If a driver under the influence of drugs or drink causes death by dangerous driving, he or she faces a maximum prison sentence of 14 years. To first cover the basics, there are different types of driving bans, including: Discretionary Driving Bans. If the police pull a motorist over at the roadside, the CPS will claim there was not enough time to drink anything. This means that the CPS cannot rely on the blood result as proof of the true drug reading at the time of driving. Really top quality advice, brilliant knowledge of the law, explaining all options available and solid representation. There are only two ways that you can avoid a ban for drink driving. The scheme also supports offenders to recognise the problems associated with drink driving and to take personal responsibility for, and to address their behaviour in relation to drinking and driving. Ski great Northug to be jailed for traffic and drug offenses By ... sentenced him to seven months in prison and a lifetime driving ban. Never ride in a car with a driver you suspect is under the influence of alcohol. Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where his client was at real risk of a driving disqualification. It was an interesting case because the Crown Prosecution Service (CPS) through so many obstacles in the defendant’s way. @stephenoldhamuk mail@stephenoldham.com 0330 111 6074, Stephen was meticulously prepared, leaving no stone unturned. Our team have over 50 years of combined experience and first-hand knowledge of most courts in England and Wales. There are 3 main ways that you can avoid a ban and one way that you can ask for the minimum ban to be reduced. A quantity of cannabis was found. A drink driving ban is normally considered an automatic penalty for a conviction of driving over the legal limit but, in fact, courts can still show discretion and a case against a ban can be made. Drink driving, speeding and all other motoring offences. The special reason has to be something that happened when the drink driving incident took place. Free advice? I couldn’t be happier with his… Read more “Alan Wood”, Provided an excellent service from first contact to conclusion of the case. Steve Williams of Forrest Williams. Would definitely recommend”, I think you were very realistic and honest with me. As an MD of 3 Businesses my driving licence… Read more “Stephen helped me retain my licence”, If I lost my licence I would have lost my job. Stephen was truly honest in what… Read more “Very high standard”, I had the pleasure of talking to Stephen over the phone on a case of Drink & Driving I have… Read more “Very Honest And Professional Advice”, Stephen gave prompt, excellent advice regarding my son’s vehicle over loading charge, So good! So losing your job or serious financial or health consequences will not work. Stephen Oldham represented Mr M in a case at Stevenage Magistrates’… Read more “Speedy response and effective”. Consequently, there was nothing to show to the court what level of drug would have been produced from the cannabis consumed before or after driving. Driving Ban FAQ and legal advice for the UK motorist. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. It was an interesting case because the Crown Prosecution Service (CPS) through so many obstacles in the defendant’s way. This is important when defending such cases because any amount of drug consumed after driving may result in the prosecution failing. In reality this is rarely the true position because alcohol in the body (as with drugs) varies over time and is eventually eliminated. Typically, the default penalty for a drink driving conviction is a driving ban; however, this is not a forgone conclusion, courts do have discretion and skilled lawyers are able to successfully make a case against a driving ban… He is very approachable, matter of fact and non-judgmental. Marcus Johnstone, who was in charge of this case throughout, instructed a senior barrister to present the appeal. It was alleged that our client had been driving with a concentration of 6.1µg of cannabis per litre of blood; a reading that is over 3 times the legal limit (the limit being 2µg). While many of us will assume we’re safe from being prosecuted for drug driving if we don’t take illegal drugs such as cannabis or cocaine, prescription medicines such as amphetamines and morphine can also affect your driving. Law successfully represented a young man charged with drug driving. Great job, I would highly recommend Stephen. I was handed a 12 month ban for drug driving Im an hgv driver for a living Not only have i ben band but ive lost my job and my way of supporting my family I was not aware thete was drugs in my system Is there any way of reducing my 12month ban Shelly - 15-Jul-20 @ 1:34 AM. You might want to speak to a specialise driving solicitor or motoring lawyer before you take this route. If you plead guilty you might be able to claim that there is something about the case that means that you should not be banned. Make drug-driving illegal, but prevention is better. There are 16 controlled substances, which if you drive or attempt to drive under the influence of, will put you at risk of a drug driving conviction. Stop Drugged Driving is a website of the Institute for Behavior and Health that provides research resources and policy ideas to improve laws, enforcement and research. He has always responded to any email and phone call communication… Read more “Excellent Services”, Dear Stephen, Thank you for your professional help over the past months in representing me for the accumulation of driving… Read more “Non-judgmental, practical and honest manner”, Kind, understanding and generous with his time, Stephen provided me with valuable guidance over the ‘phone when I was put… Read more “Duncan Samuel”, Stephen was fantastic, from initial contact, through to the court date, Stephens communication and advice was brilliant. You laid out the facts and presented the points that… Read more “Realistic and honest”, I would recommend Stephen as a specialist motoring solicitor to anyone who has been accused of a driving offence. Avoid driving in areas of adult entertainment such as strip or “gentlemens’ clubs” and prostitution. You did the best… Read more “Worth every penny”, Very prompt response. Drug driving penalties are severe. Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, © 2021 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. We usually go in my… Read more “Stephen reassured us right from the start that we had a defence”, I have never been arrested by the police before in my life. Our defence was also made more difficult because. Furthermore, the alleged impairment may be due to illegal drugs, legal medication or other factors. Excellent service!! They also do not automatically mean no disqualification. He was worth every penny spent. This type of ban is at the discretion of the judge, where they feel penalty points or a fine would not suffice in a specific case. Thanks, Excellent service. Thank you so much for your quick, professional information and advice. Speedy response and effective. Thanks very much for the advice you gave to my husband regarding my son’s driving… Read more “Bea Wood”, I contacted Stephen 24 hours after my incident, thinking I could manage without a solicitor. In order to assist our case we obtained an expert report to calculate the levels of cannabis in our client’s blood before and after driving. Whilst he was sat in the police car he ate the cannabis, presumably because he did not want to be caught in possession of cannabis (a class B drug). Explore more. Drink Driving Info. Also, the courts wonder, as possession of alcohol is not illegal, what has the motorist got to gain by drinking more alcohol after driving? In our view there was no legal basis for the expert report to be deemed inadmissible, and the ruling that our client had not consumed drugs post driving went against the strength of the evidence. The Magistrates’ Courts Sentencing Guidelines say that you can expect the following: You can’t avoid a ban if you are convicted. 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