Motoring Lawyers Online

ALCOHOL LIMIT TO BE REDUCED FOR DRINK DRIVING

In a report published today Sir Peter North recommended that the legal limit for drink driving should be reduced from 80mg in blood to 50mg, almost half the previous limit. The breath limit will be 25, down from 35. This is not as big a reduction as the blood because a different basis for calculation will be used. The reality is that the majority of tests will be done on breath so the reduction is not as big as the headline figures suggest.

This means in effect that anyone who has more than 1 drink before driving is likely to be over the limit BUT as I often say on this blog it is very difficult to assess the level of alcohol in your blood and the only sensible advice is not to drink at all, this is even more valid now. The body of the report says that they considered a zero limit but this was decided against because the gut produces some alcohol and items such as cough mixture may produce a small amount. The limit was set specifically to allow people to consume a small amount of alcohol as part of a religious festival. This above anything else shows how tough the new law intends to be.

NO MORE LEEWAY

The law is also to be toughened up by not allowing any leeway. Previously although the legal limit for drink driving was 35 in breath (equivalent to 80 in blood) no one was charged if their reading was below 40. The North Review recommends that this is removed. The recommended legal limit in breath is to be 25 and the report makes it clear that people should be charged at 25, not allowed an additional tolerance.

The North Review also made other recommendations.

DRINK DRIVE LIMITS NOT REDUCED FURTHER FOR YOUNG DRIVERS, OR TAXI/LORRY DRIVERS

They rejected calls for a lower limit of 20 mg in  blood for drivers of HGVs, PSVs or taxis and private hire vehicles but the court will consider this an aggravating factor. They also rejected reducing the limit for young or novice drivers but this is to be reviewed in 5 years time if casualties in that category are not reduced.

NO RIGHT TO INSIST ON A BLOOD TEST FOR LOWER LIMITS OF DRINK DRIVING

Perhaps one of the biggest changes is the removal of the statutory option contained in section 8(2) of the Road Traffic Act 1988. This means that at present if the alcohol in your breath is between 40 and 50 you are allowed to insist on a blood or urine test. It is proposed that this will go. Does this mean the government are now convinced of the accuracy of their machines or just an example of the determination to get tough on drink driving?

HARSHER PENALTIES FOR REFUSING A BREATH TEST

There is bad news too for people who try to avoid the provisions by not providing a breath test. They will automatically go into the High Risk Offenders scheme. Once placed on this scheme drivers will not be able to get their licence back without first being assessed by a Department for Transport-approved doctor.

PERMANENT BANS FOR REPEAT OFFENDERS

Repeat offenders also face having their vehicle seized and forfeited and the courts are to be encouraged to impose permanent bans for repeat offenders.

POLICE NO LONGER NEED REASONABLE GROUNDS TO SUSPECT DRINK DRIVING

Currently police officers have to have reasonable grounds to suspect that someone has alcohol in their body, this is to go and police will have a general power to ask anyone to co operate with a preliminary breath test. Police will also be able to insist on a breath test at the police station without a preliminary (roadside) test.

The full report is available here – http://northreview.independent.gov.uk/report

What do you think? Too harsh or not harsh enough?

Click here for specialist advice from a drink driving solicitor

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The High Court ruled today that the scheme introduced by the previous government that limited the amount payable to successful defendants was unlawful.

This hit motorists particularly hard. In effect it meant that if you were taken to court wrongly by the government and won your case then you could only claim your legal fees back at Legal Aid rates, even though you would not have been eligible for Legal Aid. Legal Aid rates have not been increased for over 10 years and no specialist motoring solicitor would charge at Legal Aid rates. This meant that motorists again had to fund the legal system and pay the shortfall, even though they were forced to defend themselves against wrongful charges by the Government.

Thankfully that is behind us and we are back to the old, fairer system whereby you can employ the solicitor of your choice, safe in the knowledge that if you win you will be able to reclaim your legal fees back.

Tags: Defendants legal costs repaid by court

A topical issue, police have been issuing warnings about drink driving during the World Cup. Despite this people will still get caught, often in my experience, because they tried to judge the amount they could drink and got it wrong. The only advice can ever be – don’t try and guess, get a taxi.

A conviction for drink driving can have devastating effects, often leading to loss of a job, loss of homes and breakdown of relationships. If you are caught drink driving and there is no defence you will get banned.

So do you need a lawyer? Even if you are pleading guilty a good Drink driving lawyer can help reduce the length of the ban and this can make a big difference to someone who needs to get back to work as soon as possible.

What if you can’t afford a drink driving lawyer? You are entitled to ask for the duty solicitor who can represent you at court. You might get lucky and get a good one but there is no guarantee. Some duty solicitors have been qualified for years, some just a year. Most  legal aid lawyers are overworked and underpaid. The  duty solicitor on the day may be acting for 10 other people including drug addicts up for their weekly court appearance. Frankly the druggy is more important to the legal aid lawyer, you are not going to be a repeat client but the lawyer may get a client for life in the druggy. So you may not get much personal attention in the 15 minutes between the duty solicitor getting the papers and being called into court.

You can of course arrange a lawyer before the day and they can apply for legal aid for you.

I order to qualify for legal aid you need to show 2 things, firstly that the case is one that needs a solicitor (this is called the interest of justice test). You are only likely to pass this test if there is a risk of prison or it is complex.

The second test is the financial test. You have to show that you cannot afford a solicitor. The court use a complex formula for working this out – this link helps you calculate whether you will qualify. http://www.legalservices.gov.uk/criminal/getting_legal_aid/initial_means_test.asp

If you do not qualify for legal aid you may feel that it is worth investing in a specialist drink driving solicitor, for less than a months wages you can be represented in court with the lawyer persuading the court to reduce the length of the ban.

For free initial specialist drink driving advice call 07799 383239 or click here Drink Driving Solicitor

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