Drink Driver with High Reading Avoids Ban

JMW Solicitors succeeded in arguing that an individual with drink driving convictions was ‘In Charge’ of a vehicle rather than ‘Driving/Attempting to Drive.’ JMW ensured that the individual received 10 points and a minimal fine.

Helen Kelsall of JMW Solicitors represented an individual charged with being ‘In Charge’ of a motor vehicle whilst over the prescribed legal limit for alcohol. Our client’s breath reading was 101mg of alcohol per 100ml of breath and he had previous convictions for drink-driving.

Upon arrival at court, it was suggested that the charge should be amended to one of ‘Driving/Attempting to Drive’ a motor vehicle in excess of the legal limit for alcohol. If the charge had been amended, our client would potentially have faced a custodial sentence and an automatic 3-year driving ban due to his recent previous convictions. Ms Kelsall successfully argued that the evidence did not support this assertion and the case should therefore remain an ‘In Charge’ matter.

Notwithstanding the above, our client was still at risk of a community order and a disqualification of up to 6 months due to his high breath reading and previous convictions.

Helen Kelsall was grateful to receive the following feedback from both the client and his mother:

Helen, I would like to say a massive thank you again for yesterday. I would not have been able to walk away with what I did without you. I really appreciate all your help.’

‘Five-star service from Helen. I first sourced advice from this solicitor for my son. Following the first phone call with Helen, she put me at ease and I had every confidence in her that she would do her best to get the best possible outcome for my son. I would definitely recommend Helen should anybody need legal support.’

JMW Solicitors Motoring Department are one of the leading experts in motoring offences in England and Wales and should you require advice please do not hesitate to contact us.