With drink drive cases, it is generally known that 2-3 pints of beer would put the average male at the drink drive limit. It is important to plan in advance, because your brain function will slow down and your decision making skills will be impaired once you start drinking. a driving ban of at least 12 months; up to 6 months in prison; an unlimited fine; The conviction for drug driving will remain on your licence for 11 years. From someone who has never been in a situation… Read more “Luke Bridgeford”, Stephen provided friendly and professional advice to me to help me understand my next step options for my motoring offence.… Read more “Dan Callister”, It is a great pleasure for me to write a testimonial for Stephen Oldham of Stephen Oldham Solicitors. Either you have a defence or you have Special Reasons for not being disqualified. Setting limits for drug-driving may prove tricky. Some common examples are: In all of these cases you will have to prove that the special reason exists. Marcus Johnstone, who was in charge of this case throughout, instructed a senior barrister to present the appeal. First time drink drivers will be banned for at least 12 months. A special reason can’t be something personal to you. These are some of the more common defences: These are not the only ways that you can get off drink driving. In a recent case, M.A.J. The scheme also supports offenders to recognise the problems associated with drink driving and to take personal responsibility for, and to address their behaviour in relation to drinking and driving. Stephen was extremely helpful. A drink driving ban is normally considered an automatic penalty for a conviction of driving over the legal limit but, in fact, courts can still show discretion and a case against a ban can be made. Sorry. As noted above, this position is different with drug driving. He is available for his clients day or… Read more “Becky Bolt”, A partner at a city law firm recommended Stephen as the best person for driving cases when my eighteen-year-old son was in… Read more “Concerned Mother, London”, I would thoroughly recommend Stephen Oldham Solicitors for any of your driving related convictions. Any special reason put forward to the court asking them not to endorse or disqualify must relate directly to … Drug Driving Penalties. A drink driving ban is normally considered an automatic penalty for a conviction of driving over the legal limit but, in fact, courts can still show discretion and a case against a ban can be made. SRA number 563751. We also cross-examined the nurse who took the blood specimen and we were able to show failures in procedure. If you would like to take advantage of our free expert legal advice, please get in touch. He was exemplary. You did the best… Read more “Worth every penny”, Very prompt response. Free advice? I am… Read more “I am sure that the result would not have been so favourable without his services”, I would highly recommend Stephen as an excellent solicitor who not only shows professionalism in his field but also made… Read more “I would highly recommend Stephen as an excellent solicitor”, Stephen provided accurate, sound and detailed advice that allowed my 17 year old son and I to form our own… Read more “Accurate, sound and detailed advice”, Couldn’t recommend Stephen highly enough! Speak to a solicitor first. In a recent case, M.A.J. All Rights Reserved. With drug drive cases, the prosecution position is made more difficult because the assumption does not apply. Courts are stressful, and we… Read more “I would recommend Stephen unreservedly”, So grateful to have been recommended Stephen Oldham. In such a daunting place ‘The Courtroom ‘ I felt… Read more “Kate Waldron”, Clearly knows the law inside out and how local police forces operate. A conviction for drug driving offences could affect your car insurance – find out more. Involved in accident 7. By continuing to use this site we'll assume that you are happy to receive all cookies as per our cookie policy. He represented my case in the most positive way for success. He was interviewed at the police station without a solicitor being present and before we became involved in the case. Stephen was very easy to talk to an made me feel at ease before going into court He… Read more “I would highly recommend”, Steven was extremely helpful & informative from the moment I phoned him to enquire about my speeding offence & court… Read more “Marc Wheeldon”, I spoke to a few other motoring solicitor before I chose Stephen Oldham to represent me. We are experts in avoiding a ban. They just mean that the magistrates do not have to impose the minimum 12 month suspension. Stephen kept me informed… Read more “Very professional and very knowledgeable”, I received an outstanding counsel and defence from Stephen Oldham Solicitors on my motoring offence conviction. As with drink driving, police can carry out roadside drug tests if they suspect you of being unfit to drive due to legal or illegal drugs. Designate a sober driver to be the “designated driver” before celebrations begin. Had he not eaten the cannabis then he would have been under the limit of 2µg. If you would like Kang & Co to help you avoid a Driving Ban or give you legal representation, don’t hesitate to get in touch with us on 0345 222 9955. Drink or drug driving offences. The options… Read more “Kept me on the road and ultimately saved my job”, Stephen framed the facts and circumstances of my case in a such a way that they really resonated with the… Read more “Excellent service. It brings enforcement of drug driving into line with that of drink driving, by introducing a strict liability offence to avoid the need to prove impairment. Assign a designated driver. Very knowledgeable , instant response! Special reasons do not mean that you avoid a criminal conviction. In addition, this report confirmed that the amount consumed after driving was responsible for placing him over the limit. Stephen acted for… Read more “CPS dropped the case”, I had a speeding fine where I had not been able to work out who was driving in time to… Read more “Got me a great result from the court”. If a driver under the influence of drugs or drink causes death by dangerous driving, he or she faces a maximum prison sentence of 14 years. Although most offences are punishable with penalty points and a fine, some offences carry discretionary or mandatory driving ban.As a general rule, the Courts will punish high excess speeding offences with an instant driving ban and any driver reaching 12 penalty points within 3 years would face a 6 month disqualification under the "totting up" procedure. Law Ltd, The Old Grammar School, 23 Derby Road, Widnes, Cheshire, WA8 9LG, England, Please tick to consent to your data being stored in line with our, In a recent case, M.A.J. This type of ban is at the discretion of the judge, where they feel penalty points or a fine would not suffice in a specific case. If you plead guilty you might be able to claim that there is something about the case that means that you should not be banned. Driving for hire or reward 5. Good communication leading up to court.Quick and helpful responses to e-mails.Spoke very well for me in… Read more “Spoke very well for me in court”, Competent and confident. In addition, and possibly because there was no report, the court stated it did not believe our client consumed cannabis after driving. How easy is to persuade the Police to reduce a dangerous driving offence to careless driving? There are 16 controlled substances, which if you drive or attempt to drive under the influence of, will put you at risk of a drug driving conviction. Drink driving, speeding and all other motoring offences. Also, the courts wonder, as possession of alcohol is not illegal, what has the motorist got to gain by drinking more alcohol after driving? 87% Success Rate Drink Driving Trials If convicted for drug driving you are at risk of an immediate 12 month driving ban, 12 months in prison and a fine up to £5,000. Drug-impaired driving is a national threat to public safety and public health. It’s a good idea to prepare now in case you get pulled over for either drunk or drugged driving. Would certainly recommend. But, all that they can do is reduce the level of sentence. You could potentially have your disqualification from driving shortened or even avoid disqualification altogether if you are able to put forward special mitigation usually known as “Exceptional Hardship”. The limits in Scotland are lower. The points for both would… Read more “AH of Slough”, Stephen Oldham is the only reason I kept my licence. The police could smell cannabis and believed he may have drugs in his car. It was an interesting case because the Crown Prosecution Service (CPS) through so many obstacles in the defendant’s way. Checked a lot… Read more “John Senior”, Stephen was fantastic! I know that… Read more “Stephen advised me to hold my nerve”, I was lucky enough to find Stephen on Google as he had a huge amount of positive 5* ratings as… Read more “John Delaney”, My wife received a speeding fine for doing 26mph in a 20mph zone that had, for more than twenty years,… Read more “Charge dropped and the fine reduced”, Stephen Oldham helped me to keep my driving licence after I totted up to 15 penalty points. Designating a driver is a very popular tactic to avoid drinking and driving. Though could… Read more “Jonathan Shaw”, Stephen Oldham represented me very successfully for a speeding offence and totting up points case. Our client’s version of events was believed by the Judge and we won the appeal. Don’t drive between midnight and 4:00 a.m. if you don’t need to. Driving suspensions are concurrently added to the criminal code penalties. The law calls this a “special reason” not to disqualify. So glad found Stephen to take the case. Driving whilst unfit through drink or drugs; Drink Driving Defences. I have never been in trouble before and… Read more “Marius”, I left a message with Stephen’s office and he called back within five minutes. He is very approachable, matter of fact and non-judgmental. Steve Williams of Forrest Williams Man who flipped his car trying ‘to avoid an octopus’ arrested on suspicion of drug-driving ‘It isn’t even that close to the sea – though to be fair it was wet yesterday’ Driving ban avoided following successful exceptional hardship argument. As an Architect & professional… Read more “I would recommend him as a true professional”, I have no hesitation whatsoever in recommending Stephen Oldham who has clearly demonstrated his expertise in motoring law generally and… Read more “Expertise in motoring law”, Stephen’s service was excellent, from the first contact and throughout the procedure his professionalism and communication was first class and… Read more “Excellent Service”, We researched a specialised Driving Lawyer and Stephen came highly commended. This is the case with drink driving or dangerous driving. solicitor with a wide experience representing drivers in the police station, Magistrates’ Courts and the Crown Court. Without going into the legal details of my case, I didn’t quite understand the… Read more “Julian Pasin”, My husband and I drive the same regular route two or three times a week. Gave good, clear advice throughout the whole process and represented us well in court. You could lose your job, particularly if you drive for work as your employer will see this on your licence.You will have a … An instant ban would typically range from 7 to 56 days, depending on the severity of the incident, circumstances etc., but the Magistrates have complete discretion and in extreme cases, a ban can be significantly increased. The simple answer to the problem is that you can’t avoid a ban if you get convicted of driving with excess alcohol except in quite rare circumstances. It was an interesting case because the Crown Prosecution Service (CPS) through so many obstacles in the defendant’s way. I think this gentleman is fantastic I recommend his services to anyone. Great job, I would highly recommend Stephen. Quickly moved into action… Read more “Quickly moved into action”, Stephen is and expert in his field, very down to earth, reliable and trustworthy. Stephen Oldham represented Mr M in a case at Stevenage Magistrates’… Read more “Speedy response and effective”. In our view there was no legal basis for the expert report to be deemed inadmissible, and the ruling that our client had not consumed drugs post driving went against the strength of the evidence. Excellent response, guidance and approach. We were also awarded costs from central funds. The law on drug driving offences was amended in April 2015. Not only because he was fundamental in getting the result I needed, but also because… Read more “Scott Anthony High”. Needless to say, the offence also attracts a criminal record. The offence carries a mandatory disqualification, for example, drink / drug / dangerous driving; In addition to the points valid at the time of the offence, the penalty points imposed could take you to a total of 12+ penalty points, triggering a potential 6 month " totting up " disqualification. Ask Us a Question Very calm and highly skilled and achieved a great result. Our defence was also made more difficult because our client accepted smoking cannabis before driving! Law enforcement officers are our best allies in the effort to reduce drugged driving and are the heroes who make our roads safe. Would highly recommend Stephen Oldham Solicitors! It is possible to avoid a disqualification when convicted of drink driving if ‘special reasons’ not to endorse or disqualify can be successfully established. I rang around a lot of motoring solicitors. There are tips for stopping drunk driving that are effective in keeping your friends and family safe, from ruining lives and out of legal trouble. The CPS was of the view that nothing was consumed after he was stopped by the police and therefore all the cannabis in his blood must have been as a result of the drug smoked before he dove. As with any criminal case, the burden falls on the prosecution to prove ‘beyond all reasonable doubt’ that you are guilty of the offence. In other circumstances, the ban is subject to the discretion of the Magistrates / Judge and will depend on any mitigating circumstances that you present. Being convicted of driving under the influence of alcohol has a number of effects on everyday life, beyond a drink driving fine or a driving ban. D B de S P Architect, Interior Designer, Saxophonist, Professor Howard Ward, Newcastle-under-Lyme, Tom, Senior sales manager for a global chemicals business, York, Garry Calvert, coach driver, Knaresborough, Richard Boyd, RB Automotive, Newtonwards, Northern Ireland. I contacted him and he helped… Read more “I managed to keep my job”, Stephens advice was straight forward and to the point. This is the 'criminal standard' of proof, and the highest burden in law. With drink drive cases, there is an assumption made in law that the level of alcohol found in a breath, blood or urine specimen (taken at the police station) is the same as the amount in that person’s body at the time of driving. @stephenoldhamuk mail@stephenoldham.com 0330 111 6074, Stephen was meticulously prepared, leaving no stone unturned. It seeks to enable more effective law enforcement to take place, with the aim of improving road safety by deterring potential drug drivers and bringing more drug drivers to justice. Thank you so much for your quick, professional information and advice. Throughout the case the CPS had made several mistakes relating to the evidence and we used this to our advantage. Thanks, Excellent service. High level of traffic or pedestrians in the vicinity. Avoid driving in areas of adult entertainment such as strip or “gentlemens’ clubs” and prostitution. Drink driving convictions: the consequences. 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