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Defences

drink drive defencesDo you have a defence?

Sometimes the police mess up the procedure which means you may have a defence and can avoid a ban altogether.

This is not a complete list of things to look for but will give you a guide to the common mistakes made by the police.

An experienced lawyer will often be able to tell from the feel of the case that something just isn’t right. Sometimes however it is obvious that there has been a mistake.

  • Did you get a print out given to you? This is the printout from the intoxyliser machine. If the police didn’t give you one then you have a defence.

 

  • Urine samples, were there 2 separate samples? This is a common area that the police mess up on. It is not enough if they took one sample from you and put it into 2 containers, if it is one continuous urination with a short break to swap beakers you have a defence.

 

  • There should be 2 readings on the print out, are they more than 15% apart?

 

  • The printout should look like this. The zeros should be zero, the first and last non zero should be around 35 (between 32 and 37.9)

 

  • Did they take blood? Was it a medical practitioner that took the blood? Did they offer you your sample?

 

  • Was your reading between 40-50? Were you persuaded not to opt for a blood or urine replacement?

Each case is different and we may be able to find other procedural errors. Contact us for a free initial assessment of your case.

I wasn't driving drink drive defenceI wasn’t driving

This is the most obvious defence but it rarely applies. Remember that the Crown
Prosecution Service have to prove every aspect of the allegation…more

fault in drink drive procedureWrong procedure

This is the most complicated defence and requires expert representation. There is a whole list of potential defences relating to the drink drive procedure…more

fault in the drink drive machineThere was a fault in the machine

The new breath test machines are a lot more accurate than they used to be, but they are not
infallible…more

I drank after I droveI drank after I drove

This occurs when someone is arrested away from the car. It is sometimes called the ‘hip flask defence’…more

medical grounds for refusing drink drive specimenMedical grounds to refuse a specimen

It is a defence to show that there was a reasonable excuse for not being able to provide a sample…more

For advice or representation, 24/7 call 0800 1933 999