Casually people drink on weekends and while doing this they may get into trouble when they drive while drunk. There are high chances of mishaps to happen when a person is not in senses. So there are some laws to prevent these kinds of accidents to happen.
Are you one of these persons that are accused of drink driving and now facing a ban? Are you concerned about the situation and worried about what sentence the court will order? How long this ban will be?
It is obvious, if this is your first time then you will have a lot of questions in your mind. The following article will hopefully answer all your questions.
Avoiding Disqualification
If you are charged with a drink driving ban then the first thing to search is “law firm near me” or “solicitor in Manchester (Your Location). This is because the best way to deal with any kind of charge is to find a solicitor for yourself.
Instructing a Solicitor
If you choose a solicitor to take over your case and help you out with it. The solicitor will make a statement for you, examine the statements of prosecution witnesses, and present your case before the magistrate. If you have a special reason to drive while you are drunk then there is more probability of avoiding the ban or reduction of penalty.
You can find solicitors in law firms near you. The best is to contact a suitable and trusted law firm for your case so that you get out of the case without facing any ban. It depends where you live to choose a solicitor but if you are living in the UK then the best choice is to choose JHRsolictors. They have several satisfied clients in their portfolio. They are experienced in handling drink driving cases.
If this is your first time or even if you have a history of drink driving offense then the best way to decrease or avoid any ban period is to hire a good solicitor. The representation of your case also influences the results. If you have any special reason then you have higher chances to avoid this ban or any penalty.
Other ways to Avoid Ban
However, avoiding a ban is a difficult thing to achieve. To avoid, you need to show a “special reason” for what you have done. The most common reason among these is the emergency reason, for instance, a woman runs away from her home because of a burglar or an intruder, and because of this, she ran away from the house in her car. These kinds of reasons make it possible to avoid this ban.
A special reason can help a convicted person in this scenario as no one can help it during emergencies. The special reason must be particular to the incident and not to the person who committed the crime. The level of readings affects the sentence.
What is the average ban for drink driving?
As per UK Government legislation, a driver accused of drink driving will face a disqualification of at least 12 months. The period of the ban can increase automatically if a person is known to have a previous record of drink and drive ban or any convictions related to it. You can get information from any law firm near you or get guidance about it.
Moreover, the disqualification period will also increase if a person is caught two or more times within a period of two months and it will increase up to two years at least or it may increase up to three years depending on the seriousness of the previous drink driving offense.
Also, the minimum period of disqualification will increase up to 3 years if within 10 years before the commission of drink driving they are accused of some reasons which are listed below:
- Causing death or injury because of careless driving while having a drink or any other drug.
- Attempting to drive or driving a vehicle while unfit
- Failing or refusing to provide a specimen for test analysis while driving a vehicle
At first, the Magistrates’ when deciding the length of disqualification to be imposed on a person is to determine the minimum ban period they should impose according to the above-mentioned legislation for drink driving offense.
After determining the minimum length of disqualification they will refer to Magistrates Sentencing Guidelines which will show and guide about the recommended ban period for drink driving offenses.
The level of alcohol consumed at that time of analysis will determine the ban period. The higher the level of alcohol in the offender’s body at the time of the offense, the more lengthy the ban will be.
The exact sentence will be imposed after the deep analysis of all relevant factors and circumstances surrounding the drink driving offender which includes the provoking or justifying factors. The Magistrate will then come up with the orders sowing the increase or decrease in the disqualification period before deciding the exact ban period that needed to be imposed.
The important factors that influence the disqualification period are the record. If the offender has a previous conviction or high level of alcohol when they committed the crime will increase the offender’s ban period.
Conclusion
Drink driving offenses can cause a lot of damage. It can result in a longer or shorter disqualification period to license cancelation which is a worse thing to experience as a driver. There are ways to avoid and decrease the sentence intensity. You can hire a solicitor to do the job for you, a solicitor will lead your case and will try hard to take you out of it.
Many factors influence the ban length which includes the level of alcohol that was consumed at the time of scene, death, or injuries due to drink driving, past convictions, and similar things.
If you have a special reason like emergencies that lead you to drive a car, then you are free to go without a ban but if the reason is not valid then you have to face a disqualification period.
