Christmas Hangover – No Licence
Recent figures released by Bedfordshire Police reveal that during the month of December over 1000 drivers faced being stopped on suspicion of driving whilst over the prescribed limit. This has resulted in114 drivers being charged with Drink Drive related offences. It is easy for the phrase Drink Drive to be used to lump together all the main offences. The following is a, brief, summary of the offences.
The main offence under this section is Driving Whilst over the Prescribed limit. As one would expect it involves both driving and also being over the prescribed limit. Upon conviction the minimum disqualification is a period of one year. The length of disqualification depends upon the level of the reading provided. A reading of approximately three times the legal limit, would attract a disqualification in the region of 2 years.
Being in Charge of a motor vehicle whilst over the Prescribed Limit is a further offence. Once again it does exactly what it says on the tin. You would face such a charge if you were over the prescribed limit and you had a degree of control over the vehicle. The crucial element of this charge is that the Police do not need to show any driving. If convicted the Court does have discretion in relation to disqualification, most especially if the likelihood of driving were slim.
The final charge that is faced is in relation to Failing, or Refusing, to Provide a Specimen for Analysis. Again the charge is self-explanatory. Indeed it is no real defence to say that you weren’t the driver. If a Lawful request is made for a sample of breath, urine or blood and you refuse to provide you are likely to face a charge. The starting point for offences in this category are usually higher than if you were the driver of a motor vehicle whilst over the limit.
Any discussion in relation to defences is outside the ambit of this article. As would be expected a huge body of case law exists dealing with this area of law. The Court of Appeal is regularly being asked to consider differing areas of interpretation about aspects of even what constitutes a Road, or being in Charge of the motor vehicle means. Indeed the Courts are still invited to consider what a motor vehicle is!
Some of those charged may have already been dealt with by the Courts and are currently subject to driving bans. Others may be awaiting further Police or Court appearances. The need for advice in this area is important. The implication for failing to take the appropriate advice can and does result in disqualification and the consequences that can follow from that are huge. Losing a job in the current climate is not advisable.