Driving with excess alcohol

Posted by Barry Culshaw on
Blake Morgan's Driver Defence team is the leading team of specialist road traffic lawyers in the South of England.  We have been recognised by legal directory Chambers and Partners: A Client's Guide to the Legal Profession 2017 as a Band 1 firm in this field.  Our team of specialist lawyers travel all the country to help motorists facing a driving ban or having penalty points put on their licence. Our work has taken us to Magistrates and Crown Courts all over the country.  Many of our cases have reached the Higher Courts. 

The case

A client consulted Blake Morgan's Driver defence team with regard to a count of driving with excess alcohol. The prosecution was brought by Hampshire Constabulary and was pending before Southampton Magistrates' Court.

Our client had been found by police officers in the driver's seat of a broken down motor car on the hard shoulder of the M3. At the request of the police he provided a positive screening breath test.

Following his arrest he provided two specimens of breath at Southampton Central Police Station the lowest of which recorded 62 microgrammes of alcohol in 100 millilitres of breath.

Later on the morning of his arrest our client was asked to account for his presence in the motor car but following advice from a duty solicitor he made no comment to each and every question asked of him. Our client was subsequently charged with one count of driving with excess alcohol and bailed to appear before the court.

How our Driver Defence team helped

Barry Culshaw, a consultant in BlakeMorgan's Driver Defence team, had conduct of the case at court. Barry was able to persuade the Crown Prosecution Service to amend the count to allege being in charge of a motor vehicle with excess alcohol. Thereafter, Barry was able to persuade the court to exercise leniency.

The outcome

Our client's driving licence was endorsed with ten penalty points and a fine was imposed. Had he been convicted of driving with excess alcohol he could have expected to receive in accordance with the Magistrates' Courts Sentencing Guidelines a driving disqualification of some 18 months. This enabled our client to retain his driving entitlement in circumstances where he regularly drove during the course of his employment.

About the Author

Barry Specialises in road transport law within our Driver Defence team. He represents clients facing allegations of careless/dangerous driving, driving with excess alcohol and speeding.

Barry Culshaw
Email Barry
023 8085 7209

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