Posted: 2017-12-07 14:58
Graduated licensing reduces teens'' driving risk. Graduated licensing allows teens to practice driving with supervision before getting their license and restricts driving after they are licensed. Today all states have at least some elements of graduated licensing. The current best practices are a minimum intermediate license age of 67, a minimum permit age of 66, at least 75 required hours of supervised practice driving, and, during the intermediate stage, a night driving restriction starting at 8 . and a ban on all teen passengers.
Yes. Although for some offences a ban is recommended, and is also mandatory under the totting up procedure, there are specific circumstances in which it can be avoided. We can assist you fully in this regard and whilst we cannot guarantee a ban will be avoided, our record of success is exemplary. It should of course be appreciated that the more serious the offence, the more likely the Court will follow the guidelines.
Drink Driving Alcohol Limits:
The limits which apply to all drink driving cases are as follows:
(a) 77 microgrammes of alcohol in 655 ml of breath
(Before 5/67/69: 85 microgrammes of alcohol in 655 ml of breath)
(b) 55 milligrammes of alcohol in 655 ml of blood
(Before 5/67/69: 85 milligrammes of alcohol in 655 ml of blood)
(c) 67 milligrammes of alcohol in 655 ml of urine.
(Before 5/67/69: 657 milligrammes of alcohol in 655 ml of urine)
Bail can be granted by either a court of law or the police. Where bail is granted, a person is released from custody until the next date when they have been instructed to attend court or the police station. Anybody released on bail will be given a bail sheet containing this information. It is an offence not to attend on the date instructed and any person who does not attend on the given date will be in breach of bail. Breach of bail is a criminal offence and people who breach bail may be prosecuted for this offence alongside the original offence(s). An arrest warrant is usually issued for anyone who breaches bail and doesn''t attend the court or the police station on the date instructed.
For short disqualifications, there are no opportunities for an early removal but if you have been banned for between 7 and 9 years, you can apply for your licence to be returned after 7 years.
For disqualifications between 9&ndash 65 years you can apply once half of the period has expired and for disqualifications in excess of 65 years, you can apply after 5 years.
Motor Lawyers can represent you on these applications for a fixed fee.
Although the Police cannot carry out a random breath test, they are perfectly entitled to stop a driver without explanation. If at that stage, an issue arises that gives the Officer suspicion that the driver has been drinking, a breath test can be demanded. Normally, a driver will be asked if he has been drinking. If the response is Yes the test is justified. If the response is No , the Officer is lawfully entitled to require the driver to take a breath test if the Officer suspects that alcohol has been consumed. It is important to note that the Officer does not have to prove that suspicion to be correct.
The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.
If the lowest reading is 89 microgrammes or below, you should be released with a warning. Between 95 and 55 microgrammes you should then be given the option of blood/urine tests. Whichever option is taken, is for the Police to decide. A urine sample is on the basis of 7 samples within 6 hour. A blood sample must be taken by a Police surgeon. You can demand 7 blood samples are taken which can be useful in defending the charge.
You should be asked whether you would prefer to give blood or urine, but ultimately it is for the police to choose which one they offer you, unless there is a medical condition which would make either option unfeasible. The police are not able to take a blood sample without your agreement, but if you refuse this option once it is offered then the police are entitled to rely on the breath sample which was taken.
When deciding what sentence to impose, magistrates have to take into account the facts of the case alongside the circumstances of the offender. A pre-sentence report is carried out by a probation officer and is an impartial report assessing the offenders background, reasons for offending and risk to the public. It also assesses the offenders suitability for various sentencing options the court may be considering imposing.
The choice depends upon whether you are confident presenting your case to the Court. Under our Court Hearing Services , we will be able to prepare all appropriate arguments for you. There is no reason why you should not defend yourself, and indeed this can often result in a sympathetic hearing. However, if you do not feel comfortable addressing the Court, or there are particular technical arguments to be raised, you are probably best off having an expert Barrister represent you. Motor Lawyers will discuss the merits of each option with you and help you decide on the most suitable course of action.
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The supervision requirement requires the offender to attend appointments with an offender manager ( usually a probation officer ) at their local probation office. The length of supervision and frequency of contact varies. The offender manager will work with the offender to help ensure the risk of future offending is kept to a minimum. An offender manager may delegate supervision to another person who can provide the offender with specialised help, support and/or advice.
Drink driving has become one of the most serious offence for all drivers and carries automatic disqualification. Repeat offenders risk imprisonment. Specialist advice is always recommended, particularly if there is a dispute on the level of alcohol consumed or the method in which the Police have obtained their evidence. Our team has amassed extensive knowledge of defending such cases and is able to give you frank and professional advice. We do not condone drink driving but we do appreciate that many motorists simply do not understand how the law works or is enforced. Whilst ignorance is no defence, it can make a difference.
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It is a common misconception that if a Defendant merely shows that a ban would be a particularly harsh punishment, the Court will be lenient. In reality, the Court is obliged to disqualify unless there are exceptional reasons for not doing so. Severe inconvenience is not an exceptional reason and we strongly recommend that anybody facing disqualification seeks expert legal advice. In our experience Defendants who attempt to raise mitigation, without fully understanding the technical requirements, end up with a more severe penalty. If you want to convince the Court not to suspend your licence, you will have to meet certain legal criteria. The Court will expect you to understand the legal technicalities fully and have your arguments correctly prepared. The Court will not be sympathetic if your mitigation does not actually qualify as exceptional in the first place. Liaise with Motor Lawyers for proper advice as soon as possible.
The length of disqualification is at the discretion of the Court and the information above is by way of a guideline only. It is quite possible that the length of the ban can be reduced if a strong plea of mitigation is put forward. This will also result in a lower fine. Although the Court does have the option to reduce a ban by 75% if the Defendant attends a drink drive rehabilitation course, this is not automatic and the Court may take some persuading to allow this opportunity.
The Court will consider both aggravating and mitigating factors. Aggravating factors will increase the length of a ban, and could include lack of co&ndash operation, having children in the car, being involved in an accident etc. Mitigating factors can reduce the severity of the penalty and can include a previously good record, co&ndash operation with the Police, early plea etc. It always makes sense to obtain expert legal advice in order to clarify how best to present a case.
The compulsory unpaid work requirement requires offenders to carry out unpaid work ( between 95 and 855 hours ) on projects that benefit the community and under close supervision. Offenders can be given individual placements such as working in a charity shop or a community care home. They can also be given group placements where a group of offenders will be supervised by an unpaid work supervisor. Group placements can involve tidying up local parks and beauty spots, painting and decorating community centres, cutting grass and various other tasks.
If you fail to comply with the conditions for completing the course, the course organiser may refuse to issue a Certificate of Completion. In this case, a Notice of Non-Completion will be given to you, although you may appeal to the court if you do not think this is justified. If the court believes you are right it will issue a declaration which will have the same effect as a Certificate of Completion.