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Drink Driving Solicitors Leeds, Wakefield & Pontefract
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As a firm of solicitors based in Leeds, Wakefield & Pontefract, our team of
road traffic defence lawyers are able to attend Wakefield,
Leeds, Huddersfield, Dewsbury, Barnsley and Pontefract
Magistrates Courts or police stations at short notice
to defend your case.
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Drink Driving Solicitors, Leeds, Wakefield & Pontefract
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Drink Driving
If a person drives or attempts to drive a motor vehicle
on a road or other public place after consuming so much
alcohol that the proportion of it in his breath, blood
or urine exceeds the proscribed limit he his guilty of
an offence (Road Traffic Act 1988 s5(1)(a))
The legal limits are 35 in breath, 80 in blood or 107
in urine. The penalty for this offence is a mandatory
minimum 12months disqualification (unless special reasons
can be established) and a fine and or up to 6 months imprisonment.
The disqualification period increases depending upon the
reading found as does the punishment, e.g.:
86 to 115 in breath: 24-28months disqualification and
a community penalty (unpaid work, supervision or curfew)
116 and above in breath:32months + disqualification and
imprisonment.
The minimum disqualification period is increased to
3years for someone who commits 2 relevant offences within
10 years.
It is therefore essential, if a guilty plea is entered
or guilty verdict returned at trail, to present a strong
plea in mitigation in order to secure the best possible
result.
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Drunken Driving
A person who, when driving or attempting to drive a mechanically
propelled vehicle on a road or other public place, is
unfit to drive through drink or drugs is guilty of an
offence (Road Traffic Act 1988s4(1))
The penalty for this offence is a mandatory minimum 12months
disqualification (unless special reasons can be established)
and a fine and or up to 6 months imprisonment.
The minimum disqualification period is increased to 3years
for someone who commits 2 relevant offences within 10years.
Drunk or unfit in charge
A person who, when in charge of a mechanically propelled
vehicle which is on a road or other public place is unfit
to drive through drink or drugs is guilty of an offence
(Road Traffic Act 1988 s4(2))
OR
If a person is in charge of a motor vehicle on a road
or other public place after consuming so much alcohol
that the proportion of it in his breath, blood or urine
exceeds the proscribed limit he his guilty of an offence
(Road Traffic Act 1988s5(1)(b).
Both offences carry a discretionary disqualification or
10 penalty points (unless special reasons are established)
It is a defence to both in charge offences for the driver
to prove that there was no likelihood of his driving so
long as he remained unfit or over the limit. |
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Drink Driving Solicitors Leeds & Wakefield
Daniel Smith
Drink Driving Solicitor Leeds / Wakefield / Pontefract. Daniel obtained an LLB Hons
in 1998 having previously worked in stock management/retailing for
a West Yorkshire plc dealing with a multi-million pound budget.
John Wilkinson
Drink Driving Solicitor Leeds / Wakefield / Pontefract. John holds the Higher Rights
of Audience (Criminal Courts) qualification, enabling him to conduct
cases himself without a Barrister at the Crown Court.
Katie Edmondson
Drink Driving Solicitor Leeds / Wakefield / Pontefract. Katie Graduated with an Honours
degree in Law at Sheffield Hallam University before completing her
post-graduate studies at the College of Law in York.
Emma Radley
Drink Driving Solicitor Leeds / Wakefield / Pontefract. Emma graduated from Liverpool
University in 2004 with an Hons degree in Law. She then obtained a
Post Graduate Diploma in Legal Practice from the College of Law in
York. |
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