4 July, 16

Road Traffic

Many people have their only brush with the law when they are pulled over by the police, or spoken to after an accident. Road traffic law is notoriously technical, and instructing a solicitor to represent you from the beginning can dramatically improve your chances of being found not-guilty or avoiding disqualification.
We are regularly instructed by private individuals and insurance companies to advise and represent clients on:

  • Speeding
  • Drink driving
  • Drug driving
  • Failing to provide a specimen for analysis (refusing)
  • Dangerous and careless driving
  • Causing death and serious injury by driving.

Our specialist solicitors know exactly how prepare your defence to give you the best chance of winning your case and have a proven track record of success. Often, medical evidence or reports by expert witnesses will be required, and we know who the best ones are.

Drink driving and failing to provide a specimen

Being asked to use a breathalyser at the roadside or at the police station can be a nerve-wracking experience. The police will rarely be willing to wait for a solicitor to attend, and our clients have to make decisions themselves. You may try to blow, but for a variety of reasons, are unable to register a reading on the machine. You may blow a sample that is over the limit. If you instruct us to represent you, we will investigate the circumstances thoroughly and look at issues such as:

  • Did the police conduct the procedure correctly? Did they give you the requirement and warnings as required by statute?
  • Is there a medical reason why you couldn’t provide a sample? An independent expert may be able to explain whether you have an underlying medical issue such as asthma which could make it difficult for you to provide a sufficient sample of breath.
  • Was the equipment properly calibrated and was it operating correctly?
  • Did you eat or drink anything after you stopped driving? How long had it been since you drove?

Drug driving

We have dealt with a number of cases where our clients have been accused of driving whilst over the limit for illegal drugs, such as cocaine. It is a new and emerging area of law, and we can advise on potential defences, any weakness in the prosecution case and failure by police to comply with procedure. There are no sentencing guidelines available to magistrates, and we would suggest that instructing a solicitor to represent you at any sentencing hearing is all the more important in a drug drive case to ensure that you walk out of court with the best possible outcome.

Speeding

From the correct calibration and operation of the equipment itself to road markings, there are a number of ways to challenge speeding prosecutions. Our solicitors carefully scrutinise the prosecution evidence and, using years of experience and judgment calls, we will advise you on which areas could be ripe for challenge, and which would probably be a waste of money to investigate.

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