Alcohol and Drink Driving

Excess Alcohol/Failing to Provide a Sample of Breath

Should you be arrested and charged for driving with excess alcohol Levy and Co. Solicitors can advise you on all aspects of the investigation and the Court proceedings. Many people do not appreciate that there is a set procedure that must be followed by the police in the police station prior to charge.

Q&A

What is the procedure in the police station that must be followed by the police?

In short, the police should only request a breath sample after a certain period of time after your last alcoholic drink, and must follow a set practice when they commence the intoximetre procedure at the police station. Levy & Co. Solicitors are to obtain the CCTV evidence of the procedure in the police station and, in appropriate cases, negotiate with the Prosecution with a view to discontinuing the case.

I tried my best to give a sample of breath, but I couldn’t physically do so. I have now been charged with Failing to Provide. What can I do?

We recognise that the intoximetre procedure at the police station requires a certain degree of effort on the part of the detainee and due to a medical condition or similar, some people just cannot do it. For these people a defence to the charge may be available. Levy & Co. Solicitors are able to assist in all aspects of the defence and have a team of medical practitioners we work with to ensure that every avenue is exhausted.

Will I be disqualified if I plead guilty or am found guilty by the Court?

Disqualification is mandatory for most alcohol road traffic offences, the Court has no discretion not to disqualify. The minimum period is 12 months and the Courts usually increase the disqualification the higher the alcohol concentration within the body. However, Levy & Co. Solicitors have a proven track record of convincing Courts to apply the minimum possible disqualification in certain circumstances. Please contact us for further information.

I have been charged with being Drunk in charge of a Motor Vehicle, what does this mean?

It usually means that you were over the legal limit to drive, and were “in charge” of the vehicle albeit the vehicle was stationery at the time. This is a somewhat more complicated area of the law and requires the defendant to show that he had no intention of driving at the material time. What many people do not realise is that this offence is one where disqualification can be avoided. Levy & Co. Solicitors can help with this. Please contact us for a free initial consultation.