The Offence:
It is an offence to drive or attempt to drive on a road or other public place whilst unfit through drink or drugs. A person is "unfit" if they are "impaired".
The Penalty:
The penalty is dependant upon a number of factors, including whether a person pleads guilty and their previous driving record. The most recent magistrates guidelines (August 2004) suggest that where there is a "moderate" level of impairment a person should receive a financial penalty, but in more serious cases, where there is a high level of impairment coupled with aggravating features, such as poor driving or poor road and weather conditions, a prison sentence is appropriate.
As with other drink related driving cases, a disqualification is mandatory for at least twelve months or longer in more serious cases. In the event that a person has been convicted in the preceeding ten years of a drink related driving offence, the minimum period of disqualifaction is three years.
How we can help:
There are a limited number of situations where the analysis can be challenged and we are able to identify those quickly; If there is no proper defence our solicitors will mitigate before the magistrates to ensure that the penalty is fair; In very limited circumstances our solicitors may be able to argue that a "Special Reason" exists for non diqualification.
Case Study:
Mr K was prosecuted for driving whilst unfit. He had provided a negative breath specimen but the police officer suspected that he was under the influence of drugs. For a blood specimen to be required following a negative breath specimen the law requires the the officer to be advised by a medical practitioner that the person's condition might be due to some drug. In Mr K's case, the prosecution were unable to show that the medical practitioner had advised the police properly, and the case against him was dropped
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