Have you been charged with drink driving recently, but wish to defend the charge? Are you fully aware of the amount you were drinking beforehand, and are certain that you were under the legal limit? Do you feel an error has been made somewhere by an officer or medical professional?
If you answered yes to any of those questions, then you could easily have a case for contesting a drink driving charge. There are plenty of defences to be put forward by your solicitor that could help to clear your name – read on to find out what they are.
Failure to provide a specimen error
If you have been accused of a failure to provide a specimen it may be the case that the instructions supplied by the police were incorrect and that this was the reason the device failed to detect a specimen.
There are currently three types of breathalyser in use in the UK (Lion Intoxilyser 6000, the Intoximeter EC/IR and the Camic Datamaster), but the problem that frequently occurs is that each device has different specifications for detecting specimens. However, police are rarely mindful of this and almost always give the same instructions regardless of which device is being used. For example the EC/IR device prevalent in the South of England requires a steady flow of breath to detect a specimen and instructing a suspect to “blow harder” will cause it to abort. On the other hand, the Lion Intoxilyser requires a minimum flow rate of breath to detect a specimen so a person who blows too softly will not satisfy the requirements of the machine.
Another area which is open to speculation surrounds machines which you think are possibly faulty. It may have been the case that you were not drinking at all and received a faulty reading, so it’s important to remain calm when being accused of drink driving and remember your rights.
You are entitled to seek legal advice which you should always take, but be sure to note down any particular pieces of evidence which you feel may support you. For example, anyone who was with you that night and who may be able to give evidence to support your version of events would be useful.
What should I do now?
If you fall into any of these categories, the best course of action is to consult a legal professional who specialises in motoring offences immediately. Kenway Miller, one of the England’s top firms of drink driving solicitors, have been in the business for 25 years, and have had over 300 cases acquitted since 2012 alone! They are true experts in their field, but also have access to some of the best forensic and medical professionals, who can help to provide the best evidence for your case as possible.
Have you been charged with a drink driving offence recently? Please leave us a comment and tell us your story.