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Shortness of Distance Driven
You can avoid being disqualified for drink driving if the distance that you drove was very short
|You can avoid being disqualified for drink driving if the distance that you drove was very short. You will also need to show that it was not likely that you would come into contact with other road users.There are a total of 7 things that the court will look at -
1 How far the vehicle was driven;
2 In what manner was it driven;
3 The state of the vehicle;
4 Whether the driver intended to go further;
5 The road and traffic conditions at the time;
6 Whether there was a possibility of danger by coming into contact with other road users or pedestrians;
7 What the reason was for the car being driven.(Chatters v Burke  3 All E.R.)
It is not enough to say that you had only driven a short distance if the reason for that is because the police stopped you. The court will look at how long the journey would have been if you had not been stopped.
The emphasis is on the shortness of distance and whether the motorist would have been likely to come into contact with other road users.
The courts have said, for example, someone reversing a car out of a tight parking spot because his wife did not want to reverse was a short enough distance and did not disqualify him. The court said that the fact that his wife was going to drive the rest of the journey was significant.
The court also agreed not to disqualify a motorist who moved his car off the main road onto a car park some 40 yards away.
In other cases the court have said that half a mile is too far.
They will also look at the reason for the driving.
For advice or representation, 24/7 call 0800 1933 999