Morning Alcohol Test - drinkanddrivesafe

1. Is it possible to appeal against a drink driving offence? If you are reading this blog, it may be because feel you have been at the brut of a miscarriage of justice regarding a drink driving offence. Whether this was the issue of a penalty fine or perhaps even a driving ban. Clients may feel that nothing can be done. However, you’d be surprised what you can achieve with a highly qualified solicitor. Thankfully, if you have received a drink driving conviction, the UK legal system does offer many routes of appeal, depending on the severity of the case. For example, it may be possible to reduce the length of the sentence or obtain their license back early. Most drink driving offences are known as ‘summary only’. This means they are only dealt with by the magistrates court. Did you know that it is possible that this can process can result in an in-correct conviction? This is because individuals involved in this process usually lack the legal expertise required.

2.  Instead, heavy reliance is placed in court on a legal advisor who provides appropriate support. It is true to say that the number of fully qualified legal advisors in the area of drink driving are indeed limited. As such, it is possible for these individuals to misinterpret the law or use their knowledge incorrectly on the case they are working on. What ways can I appeal against a drink driving offence? There are three main ways to appeal against a drink driving offence. These include: Reopening a case in the magistrates court. This option would be considered the best if your ban was imposed as a result of a mistake or you were not aware of the hearing. E.g. as a result of not receiving a letter confirming an individual to attend court. It is worth noting at this point that the above mentioned process is not an appeal. And in many circumstances, may be the best first option to explore if entirely possible

3. Appealing to the crown court. You may feel that you were wrongly convicted when attending your original hearing in the magistrates court. As such, you can appeal to the crown court. It may even be possible for you to continue driving whilst the appeal is in progress by returning your license to you. Particularly useful for individuals who rely on their vehicle for employment. By presenting your case to the crown court, the case will be dealt with a crown court judge who is legally trained, unlike the magistrate judge. Appealing to the high court. It is sometimes possible that when going through the magistrate route, they can make certain decisions that can be detrimental to your case. If these circumstances apply to you, we recommend a judicial review. During this, the whole case would be reviewed by the high court who would then decide if the decision made was correct. Which could potentially overturn the conviction. Thankfully, instances where a case has been needed to be taken to the high court are rare. And most cases of incorrect conviction are rectified in the crown court. https://drinkanddrivesafe.co.uk