Drink Driving
Job loss, business failure, loss of home, relationship melt down!!
Drink driving, drunk in charge, failing to stop. We can help provide peace of mind. We guarantee prompt response to your e-mail, texts, phone calls. We use the net, not just to promote our service but to keep in touch with you and to deliver information and results. We have? a vast experience in representing people from all walks of life, faced with a drink driving charge.
Drink Driving ruins lives- We do not condone it and nor do our clients but we do our best for those who come to us for help.
We frequently deal with drink related cases and delicate situations. You may rest assured that we are committed to communicating with you regularly and having a dynamic impact on your case.
Experience is the key to success in such case. Myself and my team of lawyers have more than 30 years court experience between us. Both of my assistants were former Procurator Fiscals and one of them was even a traffic policeman for the first 1/2 of his career!
We can make our experience count in your case. We did not set up our law practise yesterday we have been doing this for more than 24years.
Drink Driving, Dangerous Driving and Speeding cases, often require a lot of technical and scientific information to be obtained analysed and thoroughly considered. In addition to knowledge of the basic laws of procedure and evidence that govern just what evidence can be laid before a court.
Drink driving cases can be among the most difficult to defend. Because of the evidential complexity, several mistakes can? be made when it comes to presenting and defending road traffic law cases.?Expert legal assistance therefore is essential. The outcome can mean death or terrible injuries to others and in relation to you it can mean? losing your licence, losing your job, paying considerable fines, being sent to prison, having a huge hike in your insurance premium, and the effect on your current prospects.?We can provide you with a FREE online consultation right NOW!
Mistakes In Drink Driving Cases...
Assuming The Case Is A Loser
When that intoximeter has printed out the reading of more than 35ug your heart sinks as you realise the consequences of the result. It is at this stage that some people just throw in the towel. The police officer may have explained that the roadside test wasn't reliable but nobody is suggesting that THIS machine has got it wrong. You may be left in a cell for the next few hours then handed a slip of paper and told to be in court or face arrest.
However the breath test, the alcohol blood level test, the alcohol urine test and the roadside tests all have potential pitfalls. It may be in the method of use, the procedures not being followed as they should be or it may be simple operator error. Whatever the problem a good defence team needs to find it and exploit it to win the case. Winning or losing a road traffic case comes down to the lawyers determination to investigate every angle and fight every legal argument.
Did you know that the results of a breath test can be challenged. The Log Book detailing all tests that day can be examined by the defence to check for signs of flaws or tampering. The service record for months before and after the test can be examined. Experts can be instructed to check the analysis machine? itself and checks can be made reading the police procedures at time of testing.?We have even had experience of an entry police sunglasses 2012 that had been "tippexed" then changed. We are not advocating a "Fishing expedition" but when our clients challenge the accuracy of a reading then they can expect that no stone will be left unturned.
The cost of defending such a case can be considerable and we can tell you that it will undoubtedly run into thousands of pounds however with so much at stake it can be worth investing that money in your defence.
Think how much could be saved over the term of any ban. Not just the inconvenience of not having a licence but all that depends upon it, job, mortgage, relationships etc. Of course it is more costly to defend a case than to plead guilty at the outset but this is because of all the extra work and court time that will be involved. We are often asked if pleading not guilty will attract a higher sentence if convicted and the answer is no. You are entitled to defend your case but what you must be aware of is that the court will not punish you for taking a case to trial but they will reward you for tendering an early plea. That reward does not mean that they will reduce a mandatory minimum period of ban but may mean that the fine imposed is less than it would have been.
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Assuming The Police Always Get It Right
* the correct sample procedure was not followed.
* the results indicate that the device was not properly calibrated
* your breath sample was interrupted e.g. sickness
* you had something in your mouth, such as chewing gum, tobacco?? etc.
* you were on a special diet.
* you have diabetes, asthma, other relevant medical condition.
* you have ill fitting dentures.
* you had close contact in a confined space with paint or solvents.
* you have to take medicine on a regular basis.
* an alcohol antiseptic was used when blood was drawn.
* an alcohol antiseptic was used by you when washing
By not contesting the evidence you don't get to question the arresting officers. You will not be entitled to say that you accept that the results are partially correct but that they do not accurately reflect what you had to drink. You would therefore accept whatever the reading was and accept that all procedures were followed properly.
Plead not guilty and a trial is set where the defence will get the chance to interview the police officers and examine the physical productions ALL before you attend court. You will then have the opportunity to attack the results on the grounds that the technical rules weren't followed. If your lawyer considers that all procedures were followed and that there dior sunglasses 2012 is no technical defence then the lawyer can have the case brought forward to tender a guilty plea and secure any sentence reduction for an early plea.
Thinking The Breath Analysis Machine Is Infallible
Wrong. I can't think of a machine that hasn't broken down sometime! All the defence require to do is show the Sheriff that there is room for a "reasonable doubt" regarding the reliability of the machine and your licence is saved.
Laymen and even lawyers are sometimes guilty of failing to read the piece of legislation that the case relates too. The law in relation to drink driving cases, of course requires to be fully understood however all the statutes and the regulations governing the use of technical equipment requires to be read and understood. The lawyer needs to know what is and what is not admissible evidence-This is not always easy and again experience tends to be the key to success.
Those that don't know the laws and regulations don't realise that violations of the rules introduce? into evidence matters that can be suppressed from the trial on the grounds of fairness to the accused.
Since the intoximeter devices are "type approved" there is now a statutory presumption that they are reliable and that they work properly. Therefore to defend such a case you need to get copies of the various logs, maintenance records, printout of sample taken etc. This is not easy as the Crown will refuse to provide these documents if they consider that this is a "Fishing expedition" where the defence are just looking for some kind of get out!
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