Drink Driving Ban Reduced to Minimum

Pragma Law worked on a case for a client who was caught drink driving whilst uninsured.

The Road Traffic Act 1988 s.5(1)(a) makes it an offence to drive or attempt to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in your breath, blood or urine exceeds the prescribed limit.

If you are convicted of drink driving, you face up to 6 months’ imprisonment and a minimum disqualification period of 12 months.  The court must disqualify you for at least 3 years if you have been convicted of a relevant offence in the preceding 10 years.

The penalty you will receive will depend on how far you were over the limit and whether there are any mitigating or aggravating factors. 

Our client was caught drink driving and also found to be uninsured. She was found to have a breath reading of 67 microgrammes, which would ordinarily result in a ban of 17-22 months.

Drink Driving Ban Reduced To A Minimum

The team at Pragma Law explained to the court how she genuinely believed that she was insured. She did not realise she was over the drink-drive legal limit, and there was reason to believe her drink may have been spiked.

Although we could not prove that her drink had been laced with additional alcohol, the court accepted that there was a possibility.

The minimum ban of 12 months was imposed, and the drink-driving ban was reduced to 9 months after she completed the drink-drive rehabilitation course.

Drink driving rehabilitation courses have the effect of reducing the length of a drink driving driving disqualification by 25%. For this reason, most people are keen to be offered the opportunity to complete the course. It is up to the court to decide whether you should be offered the course. 

If you have been charged with a drink driving offence and require legal support, please get in touch with our team.

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