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DRINK DRIVING PROFESSIONAL CONSEQUENCES

Geoffrey Miller Solicitors are specialist drink driving solicitors. Call our team of expert driving offence solicitors for some free initial advice.

drink driving penalty 2017

Drink Driving Penalty

The motivation to instruct us to represent a client is often linked to preserving our client’s ability to drive but in the case of offences that are classed as criminal convictions, more pressing concerns often relate to the client’s ability to save their job. If you have concerns about the prosecution you face affecting your employment, we have addressed below some of the most common concerns for employees and drink driving professional consequences.

We have also outlined regulatory consequences for various professions as follows:

If you are regulated or you hold a specific licence that requires you to have a clean record, please note the specific consequences of a drink driving conviction as perceived by your regulators:

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OUR DRINK DRIVING TESTIMONIALS

Not Guilty to drink driving case. Planned for the worst but GM attained the very best outcome. Very in depth from start to finish. Cannot thank enough.

Anonymous 48
Drink Driving, Careless Driving
Acquitted Drink Driving
Manchester

It is a year ago today that I was stopped for alleged drink driving, performed a roadside test and as a consequence breathalysed at the police station. But due to the breathalysing machine producing both a positive and a reading of “mouth alcohol”, a blood sample was requested, which I... Read More

It is a year ago today that I was stopped for alleged drink driving, performed a roadside test and as a consequence breathalysed at the police station. But due to the breathalysing machine producing both a positive and a reading of “mouth alcohol”, a blood sample was requested, which I gave. I was terrified during the whole procedure as my occupation depends on my driving and I have a company car. The circumstances prevailing this are complicated, but I want to summarise my experience with the legal engagement and my lengthy history with Geoffrey Miller Solicitors.

When I left the police station the following morning, I panicked;- I could lose my job, my marriage, my home and of course my dignity and reputation. I did not have a breath result but upon leaving I noticed on the custody board, my name and a reading of “blew 93” I knew this was more than twice the legal limit without awaiting the results of the blood alcohol sample.

In a haze, I googled “drink driving” firstly to determine the seriousness of the offence and secondly to educate myself on what my position was, I had no idea Solicitors existed that specialised in motoring offences regarding drink driving. I read through the first advertised website who were “drink drive” specialists, a family run business, great testimonials, video’s and exceptional statistics. I rang this company and spoke to one of the Directors, who explained all the different scenarios and in particular that the “CPS” are very dysfunctional, unorganised and often just drop cases. I’m sure this may be true but it wasn’t my experience.

I signed up immediately in a panic, I didn’t consider the overall costs and was told to deal with the initial case it would be £1,500. Deal done.

I then had time to research the offence in detail and came across Geoffrey Miller Solicitors, which to be honest sounded very much like my already contracted firm. I called and spoke to Eleanor Taylor, Solicitor, who basically ran through very similar scenarios as my contracted solicitor, however she was more professional in her approach, explaining procedural errors that could secure my acquittal for a blood sample and less damning about the CPS. This worried me, I had already paid a substantial amount, so I really had to trust my contracted solicitor.

I received my blood sample reading of 182mg, the legal limit is 80mg therefore the ban is 17 – 22 months. This was inconceivable to me, I was unable to tell anyone of my position which caused me enormous anxiety, sleepless nights and dreadful stress. I would lose my JOB, my HOUSE, my LIFE and my husband would never forgive me.

I attended the first hearing to plead not guilty and was annoyed that the Director I spoke to had delegated me to another solicitor without talking me through this process. The solicitor that attended court with me was nervous in his demeanour and did not fill me with confidence in his overall manner at all.

The case worker assigned was flippant with me, didn’t return calls and gave me the impression that I was just another case, nothing special. My trial was scheduled for end of March 2018 which required another £4000. A week before the trial after no defence strategy explained and very little communication, my calls weren’t returned and I wasn’t a priority. I rang Geoffrey Miller in a complete panic. My whole life was dependent on this trial and I had no confidence in this solicitor. Within an hour Jeanette Miller called me back. The conversation with her transformed my state of mind knowing I could win the case with one of the most experienced Barristers in the country. I hadn’t even been assigned a Barrister, never mind a competent solicitor.

Of course, I had to agree a new contract but Jeanette took into consideration my previous experience, but I had to re-assign for GMS resources to start from the beginning, so in effect I had to “write” off the amount I’d already paid to the previous Solicitor. There is only one option you must take and that is sign with Geoffrey Millers and do not make the mistake I made and waste money and your licence with any other company.

Now, for the rest of my journey, it was horrific and terrifying but Ellie (assigned to me) assured me and listened to all my constant queries over and over again. I had an out of office number and she always and I mean always responded to me. Jeanette talked to me and re-assured me about my case and arranged 2 conference calls with my appointed Barrister. This gave me so much confidence understanding the procedures but most importantly the defence strategies. They were all honest and straightforward with me from the start.

The end of March hearing turned into a case management hearing and then trial was adjourned to July. Again, this meant more costs but by now I understood by July how my case would be presented and during the trial, I was completely amazed at this Barrister’s complete focus on my case. He had only started cross examining the Police Officer when the case was adjourned as they do not give up on an argument. I had a forensic expert assigned as well as a Barrister. I then had 5 more months to wait for a 2 day trial, again more expense for me to gain an acquittal. This was an extremely difficult case, to prove a verdict of not guilty, to a Judge that was not familiar with the case law, which was part of the Skeleton argument and it seemed throughout he would convict whatever.

A half time submission was made by my defence Barrister and I thought the case would be won. No, the Judge said there was a case to answer and I honestly expected my Barrister to loose his focus, enthusiasm and not change tactics so late in the day. But no, he was AMAZINGLY brilliant and put the Judge into a position that proving me guilty was an impossibility for the Crown. I was found not guilty and I have my life back after this terrifying ordeal. Ellie is frankly a star and a credit to her profession. I was made to feel important and cared for as a client, I could not recommend them enough.

I still can’t believe I am free and I am ecstatic that I made the right decision with the right team and we were successful. If you have what I had to lose then you have to realise this is an expensive investment, at their results but I can honestly say that Ellie and Jeanette personally cared about the outcome for me.

Ms W
Drink Driving
Not Guilty
Merseyside

I cannot express how grateful I am to Geoffrey Miller, my solicitor John and his team have been exemplary. The sheer professionalism and experience they have, managed to get me acquitted from my alleged driving offence. My lawyer, I have no words but Fabulous! Knows his stuff and very meticulous.... Read More

I cannot express how grateful I am to Geoffrey Miller, my solicitor John and his team have been exemplary. The sheer professionalism and experience they have, managed to get me acquitted from my alleged driving offence. My lawyer, I have no words but Fabulous! Knows his stuff and very meticulous. One piece of advice… Do Not Go to Any Other Law firm. This ones the best.

H Singh
Drink Driving
Acquitted
East Midlands

I would highly recommend Geoffrey Miller Solicitors to defend your case if anyone is looking to keep their Driving Licence, yes its absolutely true if they say you are in a good position of keeping your licence they mean it…. The whole experience has been very daunting but the team... Read More

I would highly recommend Geoffrey Miller Solicitors to defend your case if anyone is looking to keep their Driving Licence, yes its absolutely true if they say you are in a good position of keeping your licence they mean it….

The whole experience has been very daunting but the team at Geoffrey Millers have been very supportive and reassuring that a positive outcome will happen, and yes it became a reality, I got to keep my Driving Licence… also a very valid lesson was learnt and that was not to ever drink and drive again.

Miss L Harris
Drink Driving
Acquitted
London

I was acquitted of drink driving and although I knew that medical reasons were responsible for that result, I was also worried about losing my licence. Geoffrey Miller solicitors put me at ease and guided me through the whole procedure and likely outcome without promising the world. I am grateful... Read More

I was acquitted of drink driving and although I knew that medical reasons were responsible for that result, I was also worried about losing my licence. Geoffrey Miller solicitors put me at ease and guided me through the whole procedure and likely outcome without promising the world. I am grateful for their professional realism through out. Many thanks Geoffrey Miller’s.

Mrs F
Drink Driving
Acquitted
Kent

When I was charged with driving with excess alcohol, after a blood test at the police station, I sat down and thought about the impact on my life the inevitable ban would have, not to mention a criminal record. I found Geoffrey Miller online and initially spoke to Tara, who... Read More

When I was charged with driving with excess alcohol, after a blood test at the police station, I sat down and thought about the impact on my life the inevitable ban would have, not to mention a criminal record. I found Geoffrey Miller online and initially spoke to Tara, who was knowledgeable, compassionate and entirely non-judgmental. Tara explained my options and let me get a much clearer picture of how to proceed against this charge. I was initially unsure but Tara was never pushy, only explaining the best possible outcomes alongside the worst. When I did the sums, and looked online at their success rates in these types of cases, it became an easy choice. Once instructed, Tara was always available and happy to talk, to answer my questions and allay any fears I had. I am happy to report that the case was dismissed and I was free to drive home. Tara and the team, through their hard work and diligence, won my case for me with the best possible outcome. I would like to thank all the Geoffrey Miller team, especially Tara, and would not hesitate to recommend them to anyone in a similar situation.

Mr M Gray
Drink Driving
Case Dropped
Newcastle Upon Tyne

Happy with the outcome of acquittal in my drink driving case. I was kept updated all through the process by my case worker and I’m obviously elated with the results. A bit pricey but real value for money and worth every penny. Massive thanks.

Mo
Drink Driving
Acquitted
West Yorkshire

Dear All, I was charged with Drink & Drive and had an investigation of car-insurance fraud. It was a complicated case as it was the 3rd charge of Drink & Drive with 2 of them in the past 2 years. I was very worried about the court hearing because the... Read More

Dear All,

I was charged with Drink & Drive and had an investigation of car-insurance fraud.
It was a complicated case as it was the 3rd charge of Drink & Drive with 2 of them in the past 2 years.
I was very worried about the court hearing because the punishment included a possible jail sentence.

I researched for the best UK firms and the first company I contacted was Geoffrey Miller.
Jeanette Miller, the Managing Director of the firm, was the first person to discuss my case and she took all the time I needed to go through my questions in a caring and supportive way, she sounded very competent and reassuring right away. Her approach was full of understanding, I felt she would make sure I received the best attention and service to my case.

I called another very well known firm but I didn’t received the same warm feeling of care I received from Jeanette so I called her back and decided to go ahead with Geoffrey Miller, my life was depending from the outcome of this hearing and I didn’t want to take any chance, I wanted somebody that truly cared about me, like a family member.

Jeanette did exactly was she promised and kept in touch with me along the process.

During the week before the trial, my caseworker, the London Director Tara Boyle, has been always very quick in answering all my questions and very supportive in the preparation of the hearing.
On the day of the trial I was panicking like never in my life but once I saw my barrister in action, Mr. John Dye, I understood why Geoffrey Miller is the best in their field: I was defended by ‘Superman’, watching John working the room, playing with the Judge and delivering a smashing result was a phenomenal show.

Geoffrey Miller Solicitors firm is truly remarkable, Jeanette Miller and Tara Boyle are two exceptional professional and John Dye is my new SUPERHERO!!.

Thanks a lot to everybody again.

My very best regards,

GM

Anonymous 47
Drink Driving, No Insurance
Not Guilty
London

I was unfortunately involved in an accident with another road user. As I was subsequently taken to hospital for checking over, I was required to give a blood sample which, when tested was just over the legal limit. That’s when the panic set in, will I lose my job, will... Read More

I was unfortunately involved in an accident with another road user.

As I was subsequently taken to hospital for checking over, I was required to give a blood sample which, when tested was just over the legal limit. That’s when the panic set in, will I lose my job, will I still be to travel to the USA? Everything starts going through your mind of what is going to happen, if and when you lose your license.

So, I immediately started looking for specialists drink drive solicitors. I spoke to the four most popular firms including Geoffrey Millers, after finding that most of the firms would barely discuss the case until you had paid a deposit. I had the pleasure of speaking to Miss Jeannette Miller MD of Geoffrey Millers Solicitors.

It was a huge reassurance after talking to Jeannette for openly discussing the details around my case without the hard sell of which the other firms employ and it was because of the this I instructed them to act on my behalf. Along with the fact they have a very high success rate on winning cases that had similar details as my own.

I was assigned Sarah as my case handler who immediately got to work on my case. I can’t emphasis how meticulous she carried out establishing the facts around the case and developing our case strategy. With Geoffrey Miller Solicitors I always felt extremely confident in Sarah’s ability and I was frequently updated on any developments. I also fortunate enough to have John Ruane work on my case and proved to be extremely knowledgeable and helped see my case get dismissed.

It’s been a long 10 months getting the case dismissed but I always had total faith in Geoffrey Millers, that they had left nothing to chance and had a built me a very strong case when it got to court.

My trial advocate was John, he is very highly regarded barrister and made short work of the case at court. I can attest that Geoffrey Millers only call upon the best top tier Barristers for representation at court.

Its a incredibly stressful time having a drink drive conviction hanging over you and can have extremely serious consequence as a result, don’t leave it to chance and speak to Geoffrey Millers.

Mr C Bennett
Drink Driving Hospital Case
Acquitted
London/Surrey

I engaged Geoffrey Miller to help me enter a not guilty plea and I have not once been disappointed with the service they have provided. From the outset Tara was fantastic, had time and the knowledge to really explain the process to me. Not once did I feel pressured into... Read More

I engaged Geoffrey Miller to help me enter a not guilty plea and I have not once been disappointed with the service they have provided. From the outset Tara was fantastic, had time and the knowledge to really explain the process to me. Not once did I feel pressured into hiring them even after Tara spent over an hour discussing the details of my case on the telephone (more than once).

Once things were underway I can honestly say that there is not a thing I have been disappointed with, they did exactly what they said they would do and basically took the stress (as much as possible) away from me. They shouldered the burden of it all, I just did what I was asked. Both my pre-trial and trial advocates were exceptional. They just gave you the confidence that you needed in that situation. I have never been in trouble with the police and the whole experience was daunting and terrifying, it felt like they really just held my hand and gave me the hope and optimism that I needed but also kept things real.

Once we was at trial, my barrister did not give the prosecution a leg to stand on, I really was taken back at how professional and how much he knew about my case (even though we had never met). The evidence and the administration process that GM follow is without doubt one of the most robust and organised I have seen. If they handle all their cases the way they handled mine then I am really not surprised to read the exceptional reviews. It was these in the first place that prompted me to call them. Their success rates speak for themselves and now I have completed my journey with them and been acquitted I really can say with my hand on my heart that I could not have done it without them.

Thank you so very much. Yes it was costly, but to be honest I can see where and how they have earned their money and to have my life back without any conviction is worth it. If you are reading this are in doubt about hiring them, don’t, you won’t regret it 

Miss S Toby
Drink Driving
Acquitted
Peterborough
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General Employee Concerns

The police and the courts will not normally contact a defendant’s employer to advise them of a drink driving conviction. However, you could be in breach of your contract of employment if you fail to disclose the charge against you. Below we consider some of the most common questions and concerns clients have:

1. Do I need to inform a prospective employer of criminal convictions?

Prospective employees and the employer have certain rights and responsibilities when disclosing convictions.

Employees should be aware that:

  1. If an employer requests details of spent convictions, you need to consider whether or not the job you are applying for is exempt under the Rehabilitation of Offenders Act 1974 (see below);
  2. If an employer asks if you have a criminal record and your convictions are spent, and the job you are applying for is not excluded from the Act, you are legally entitled to say ‘no’.

This is a complex are of law and we recommend that if this is a concern for you, to seek advice, particularly if an employer claims a job is exempt under the Rehabilitation of Offenders Act 1974 when in fact it is not. Advice can be sought from Citizens’ Advice Bureau or a careers adviser.

2. Relevant law for spent convictions

The Rehabilitation of Offenders Act 1974 (c.53) allows some criminal convictions to be ignored after a rehabilitation period. This means that even if convicted of an offence, you will not have a lifelong “blot” on your record. The rehabilitation period is automatically determined by the sentence, and starts from the date of the conviction. After this period, if there have been no further convictions the conviction is “spent” and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance, or in civil proceedings.

3. When does a conviction become ‘spent?’

Certain criminal convictions are ‘spent’ (forgotten) after a rehabilitation period in accordance with Rehabilitation of Offenders Act 1974. This period varies according to the offence. For people aged 18 or over when convicted:

  • convictions resulting in sentences such as fines, compensation and community service become spent after five years (Drink drive when not custody risk)
  • prison sentences up to six months become spent after seven years
  • prison sentences up to two and a half years become spent after ten years
  • prison sentences over 2.5 years are never spent

Most rehabilitation periods are halved if you were under 18 when convicted.

4. Does an employee need to declare a spent conviction?

Prospective employees are not obliged to disclose spent convictions when applying for most jobs. Pursuant to the Rehabilitation of Offenders Act 1974 it is unlawful for an employer to discriminate on the grounds of a spent conviction. However, some types of jobs are exempt from this Act. This means that the prospective employee must disclose spent convictions in addition to unspent ones. These jobs include:

  • working with children and vulnerable adults, such as elderly and disabled people
  • senior roles in banking and the financial services industry
  • certain posts connected to law enforcement, including the judiciary and the police
  • work involving national security
  • certain posts in the prison service
  • certain professions in areas such as health, pharmacy and the law
  • private security work

5. Does an employee have to declare driving convictions?

Disqualifications From Driving

When a driver is disqualified from driving, the rehabilitation period Under the Rehabilitation of Offenders Act 1974 will be the same length as the period of disqualification. It is important to note, however, that if more than one penalty is imposed at once, the rehabilitation period takes the length of the longer sentencing.

For example, a motorist who is prohibited from driving for seven years and is also hit with a fine, which will take five years to become spent, the offender faces a rehabilitation period of seven years, as it is the longer rehabilitation period of the two.

Driving Endorsements (Penalty Points)

Because an endorsement does not fall under the relevant part of the Act, not being a ‘disability, prohibition or other penalty’, it does not have any effect on rehabilitation periods for road traffic convictions. If a driver were to be fined for an offence and also have their licence endorsed, the rehabilitation period would be defined by the rehabilitation period for a fine, and the endorsement would not factor in at all.

6. Can an employer request additional information about a prospective employee?

Depending on the job, employers can request that successful applicants supply different types of disclosure:

  • Basic Disclosure — an employer can request this for any job (even jobs not exempt pursuant to the Rehabilitation of Offenders Act). This includes only details of unspent convictions.
  • Standard Disclosure is for jobs with regular contact with children or vulnerable adults and jobs exempt from the Rehabilitation of Offenders Act. This includes all convictions, including spent ones.
  • Enhanced Disclosure is for jobs with greater (unsupervised) contact with children or vulnerable adults and for some judicial appointments and licensing purposes. This includes all convictions, including spent ones, plus possibly other information from local police records.

7. Rehabilitation of Offenders Act Outside UK

The Rehabilitation of Offenders Act does not extend beyond Britain. Spent convictions may have greater significance in other countries so you should not rely on the protection of this Act if you are seeking guidance about how you may be affected in other countries. If you need assistance, you are advised to contact appropriate agencies in those countries.

8. Consequences of Failing to disclose convictions

If an applicant/employee fails to properly disclose criminal record, they are likely to be invited to a meeting to discuss why they failed to fully disclose their criminal record.

If a current employee has unspent convictions and they did not disclose them intentionally when asked to, they can be dismissed by their employer, and possibly prosecuted.

When you think that it is not just your driving licence at stake but there is also a real risk of your livelihood being lost, why would you make any decision about what to do next without seeking expert advice from the top motoring law firm in the UK. We offer initial telephone advice without charge and have a number of price options to suit most budgets.

Not Sure What to Do About Your Drink Driving Offence?

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 0800 1389 123 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 drink driving ban 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 driving offences. Call our team of expert driving offence solicitors for some free initial advice.

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Still not sure if you should instruct us to help you?

Try our Interactive Testimonial Scheme - “Ref Me” is a voluntary scheme we ask satisfied clients to participate in. Where you see the “Ask Our Clients” form, you can send an email to a previous client of the firm and ask them any question(s) you like about us.

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DRINK DRIVING BAN CALCULATOR

The Magistrates’ Court Sentencing Guidelines is a tool used by the Magistrates to decide on penalty. Try our drink driving ban calculator or our speeding ban calculator to give you a rough idea of the penalty you could incur…

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PRICING STRUCTURES

We have developed a number of pricing structures to suit clients on most income levels. To some clients minimising the level of their legal costs is as important as achieving your objective with an acquittal or damage limitation on penalty…

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