Drink Driving Solicitors

SPECIAL REASONS FOR SAVING YOUR LICENCE

Geoffrey Miller Solicitors are specialists when it comes to Saving Your Licence. Call our team of expert motoring solicitors for some free initial advice.

Many motoring offences carry a MANDATORY BAN as a penalty. This means that even if your life depends on your ability to drive, no pleading with the court to be lenient with you will do any good at all.

Unlike “Exceptional Hardship” which is an argument to persuade the Magistrates to impose a lesser penalty where someone is at risk of a “totting up” ban, “Special Reasons” have nothing to do with your personal circumstances.

Special Reasons, if accepted, could enable the court to impose a punishment of penalty points in place of a mandatory period of disqualification or to impose no penalty points at all in cases where the punishment would normally attract points. So you would still be found guilty of an offence but there would be a special reason found as to why you should not receive the usual penalty for that offence.

Special Reasons can apply to any offence but must meet the following criteria:

  • The reason must be mitigating or extenuating circumstance;
  • It must not amount to a defence;
  • It must be directly connected to the commission of the offence, and
  • The reason must be one that the court ought properly take into account when imposing punishment.

The most common examples of special reasons are:

Spiked Drinks

Where you were over the limit in a drink driving case but where we can argue that your drinks had been spiked AND you were unaware of their true alcohol consumption (This is a difficult special reason to run and many people who have read up on the internet suggest this is something that has happened as a way out of the mess they are in. Our advice is don’t bother…there are countless lawful defences to most charges that are far more likely to secure your acquittal altogether.)

Mouth Alcohol

Modern lifestyles and diets have seen many people increasingly suffering from acid reflux or oesophageal reflux (regurgitating from the stomach). When alcohol is consumed this can result in alcohol being brought up from the stomach and into the mouth. Even if the evidential machine is seen to be working correctly it can be the case that the presence of this alcohol in the mouth (usually caused by this acid reflux) can be enough to take the alcohol reading over the prescribed limit.

It may not be widely known that for a person to be charged with driving with excess alcohol then two specimens of breath need to be provided on an evidential device. Both specimens need to be considered by the Court when considering a special reasons argument relating to mouth alcohol.

In order to be successful with this argument and give the Court an option to use its discretion not to disqualify then the following must be satisfied:

  1. The amount of alcohol consumed would be insufficient to produce a specimen of breath exceeding the legal limit;
  2. On each occasion a specimen of breath was given mouth alcohol was present as a result of acid reflux; and
  3. The addition of the regurgitated alcohol led to the readings exceeding the prescribed limit.

Shortness of Distance

They drove a very short distance whilst exceeding the prescribed limit of alcohol. The distance will be one of a number of factors considered by the court. The court will also want to know:

  • How far was the vehicle driven;
  • In what manner was the vehicle driven;
  • What was the state of the vehicle;
  • Was it the intention of the driver to drive any further;
  • What were the road, traffic and weather conditions;
  • Was there a possibility of contact with other road users; and
  • What was the reason for driving?

Distances of less than a mile will probably qualify but much depends on all of the circumstances of your case.

Emergency situations

Again, be warned though as if you had an opportunity to call emergency services instead of getting behind the wheel and driving over the speed limit or whilst over the drink driving limit, your special reason will have less chance of success.

Being misled in an insurance case

This is usually applicable to parents and children or to an employer and employee and in some case this could amount to a defence rather than a special reason.

Not Sure What to Do?

Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drink driving offence charge they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 08000 85 27 84 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our penalty calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.

We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.

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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of motoring offences. Call our team of expert motoring solicitors for some free initial advice.

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Geoffrey Miller Solicitors is a trading name of Jeanette Miller Law Limited, a Limited Company Registered in England and Wales. Company No: 8214795.
Registered office: Aeroworks, 5 Adair Street, Manchester, M1 2NQ. Authorised and Regulated by the Solicitors Regulation Authority No: 573314 VAT No:162579563.
Managing Director: Jeanette S. Miller Director: Tara Boyle.

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