Have you got a defence case against your drink driving ban?

Defence Case Against Drink Driving

You’re on your way home from a party. Maybe you had a drink or two, but feel confident you are ok to drive. Next thing you know, there’s flashing lights in your rear view mirror. You’re a bit nervous, but believe you’ll be fine because you really didn’t have much to drink. However, things go very wrong when you didn’t pass the breathalyzer test! Before you panic, give your drink driving solicitor a call.

Believe or not, many drink driving cases have been dropped because a shrewd solicitor found errors in the why police handled a case or even a malfunction in the breathalyzer. This could just be the occurrence for you.

As thorough and accurate as police try to be, mistakes can happen. No one is immune from making mistakes, but the key here is finding possible errors that could damage your driving record, increase your insurance premiums and even get you imprisoned. There are many items in this type of procedure that must be followed in order to ensure accurate breathalyzer results. Missing any of these points can result in a dramatic mistake. Having a solicitor who is knowledgeable of police procedure and can go through your paperwork could make a huge difference for you.

Typically a drink driving solicitor looks for the following procedural mistakes police make, which could become a technicality defense for you:

Failure of police to properly use the breathalyzer in order to gain the most accurate readings or failing to tell the driver how to correctly blow into the machine.

If you refuse to give a sample, then the police must inform you of the consequences of your refusal. If he doesn’t, then that’s an error.

After giving a sample, the police must then fill out the proper forms by asking you a series of questions. A solicitor will check to see if the forms have been filled out correctly.

If your test reaches a certain level, you have the right to give an urine or blood sample. The police must tell you this. If he doesn’t, let your solicitor know this.

How long did it take for the officer to request a breath sample? If it falls beyond the required time limit, then there’s room for a good defense.

Sometimes the breathalyzer malfunctions. If the officer believes this is the case, then he must request urine or blood sample. Also a few cases have been dismissed when the officer believed the driver was being obstructive when an error message occurred, but was in fact a malfunction of the breathalyzer equipment.

Knowing just a few of these defenses can really help your case. Be sure to talk openly with your solicitor in order to get the best results.