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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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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 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 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.

WHAT OUR CLIENTS ARE SAYING ABOUT US

“To anybody out there who is in trouble for a driving offence I would urge in the strongest terms possible to instruct this firm. They were quite simply incredible. They never gave up, fought the case brilliantly and secured my acquittal in a masterful way. Just incredible. Don’t go anywhere else – this is the one and only firm. Absolutely brilliant!!… Read More

Anonymous 31 Drink Driving Testimonial
Drink Driving / Acquitted

“My car was not drivable and i was charged with both drink driving and drunk in charge after a reading of 103. My job means that losing my license would not only impact me but also a number of people who rely on me to drive. I was represented by someone who seemed to genuinely care. With the correct strategy my case ended with an acquittal… Read More

James Drink Driving Testimonial 2
Drink Driving / Acquitted

“Wow what a result! Without a doubt I can honestly say Geoffrey Miller Solicitors is worth every penny and more. Their professional team worked tirelessly behind the scenes to keep me up-to-date every step of the way. I really cannot recommend Geoffrey Miller’s highly enough! They’re completely different to any other Solicitors. Read More

Mr James Drink Driving Testimonial
Drink Driving / Acquitted

“Not sure where to start… But, thank you. You held my hand through the 9 months and I couldn’t have asked for more. Your team did a very awesome job and the selected advocate’s performance brilliant. They all have played an amazing part and have made me have a smile even while writing this. Kudos Geoffrey Miller Solicitors! Read More

Kobey Drink Driving Testimonial
Drink Driving / Acquitted

“After a sleepless night, I searched the internet for help and contacted three law firms. Geoffrey Miller was the fastest to get back to me, the most reassuring and professional by far. Having met with solicitor Tara Boyle, I knew they would do the best for me. I was acquitted. I cannot recommend them enough… Read More

Anonymous 18 Drink Driving Testimonial
Drink Driving / Acquitted

“Geoffrey Miller Solicitors are outstanding. From the first day I called them about my accusation of drink driving, they calmed me down and helped me each step of the way. The barrister at my trial was first class, delivered the verdict I was hoping for and saved my driving licence. Would recommend to anyone else in the same situation… Read More

Mr Mead Drink Driving Testimonial
Drink Driving / Acquitted

“I was arrested for drink driving and blew over the legal limit at the roadside. After speaking with Geoffrey Miller Solicitors, I knew that this was the company I wanted to fight my corner. I cannot thank them enough for their expertise, time and care in helping me through a terrible time. I would recommend them without any hesitation… Read More

Mr Lee Drink Driving Testimonial
Drink Driving / Case Dropped

“Geoffrey Miller Solicitors were brilliant handling my drink driving case. Geoffrey Miller Solicitors calmed me straight away, were professional in their service. They were fully informative at all times and in the court room got the best possible result they could have with a ban reduced. An excellent service all round!… Read More

Anonymous 16
Drink Driving / Ban Reduced

“I obviously cannot thank you enough. I was told by a top criminal London lawyer when I was charged that there was no point in challenging this. You have done exactly what you said you would do and it is clear your drink driving success rates are hard earned and not just fantasy. Very many thanks to you and all your team involved!… Read More

Anonymous 15
Drink Driving / Acquitted

“Facing a tough drink driving case, GM were able to structure, manage and execute a winning argument and gain a result at the end. The service from start to finish, was second-to-none. I would recommend anyone to use Geoffrey Miller if they need a law firm who really does care about each case and most importantly gets results… Read More

Mr Whitehouse
Drink Driving / Acquitted

“After being wrongly charged with drink driving I knew I needed help. From start to finish Geoffrey Miller Solicitors explained why the charges would not stand up to their scrutiny. The whole sorry saga played out exactly as outlined in my first conversation with Jeanette Miller. These guys really know what they are doing!… Read More

Mr J
Drink Driving / Case Thrown Out

“After one phone call with Geoffrey Miller Solicitors I was immediately more confident and it felt like a weight off my shoulders. All charges against me were dropped and I was acquitted. I would highly recommend Geoffrey Miller Solicitors to anyone who has found themselves in any trouble related to a drink driving offence… Read More

Mr M
Drink Driving / Acquitted

“From the very first time I spoke to Geoffrey Miller Solicitors. I knew this was THE ONLY firm that was really listening and understood my problem. Without Geoffrey Miller I would not be where I am today, acquitted. If you are serious about defending your motoring offence then Geoffrey Miller are the only firm to represent you… Read More

Mr R Raj
Drink Driving / Acquitted

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