Our client’s version of events was believed by the Judge and we won the appeal. If convicted for drug driving you are at risk of an immediate 12 month driving ban, 12 months in prison and a fine up to £5,000. Stephen was extremely helpful. One of our Driving Ban Solicitors will be able to assist you. Special reasons do not mean that you avoid a criminal conviction. Courts are stressful, and we… Read more “I would recommend Stephen unreservedly”, So grateful to have been recommended Stephen Oldham. In such a daunting place ‘The Courtroom ‘ I felt… Read more “Kate Waldron”, Clearly knows the law inside out and how local police forces operate. In order for a successful argument against a ban to occur, certain legal criteria will first have to be met. What the police did not realise was that our client had a small quantity of cannabis hidden in his pocket. The following people have recently been convicted in our courts of drink-driving or drug-driving. Speak to a solicitor first. The magistrates could ban you but quite often you will get 10 penalty points instead. Our defence was also made more difficult because. To prevent drunk driving, making a plan for a sober designated driver ahead of time with everyone agreeing to it is best. Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where his client was at real risk of a driving disqualification. Driving prohibitions are imposed by the federal Criminal Code of Canada for such crimes as impaired driving, driving over 80, fail/refuse to provide. So glad found Stephen to take the case. In a recent case, M.A.J. You could potentially have your disqualification from driving shortened or even avoid disqualification altogether if you are able to put forward special mitigation usually known as “Exceptional Hardship”. There are 3 main ways that you can avoid a ban and one way that you can ask for the minimum ban to be reduced. In the run-up to the appeal date we spent considerable time reviewing the evidence and preparing our case. There are tips for stopping drunk driving that are effective in keeping your friends and family safe, from ruining lives and out of legal trouble. The simple answer to the problem is that you can’t avoid a ban if you get convicted of driving with excess alcohol except in quite rare circumstances. Stephens Very relaxed approach put me at ease, handle case professionally a good result would highly recommend him.… Read more “Paul Wood”, I made a huge mistake and was facing a lengthy driving ban and a potential custodial sentence. Either you have a defence or you have Special Reasons for not being disqualified. This would have caused… Read more “Delighted with this result”. “Non-judgmental, practical and honest manner”, “I would recommend him as a true professional”, “I am sure that the result would not have been so favourable without his services”, “I would highly recommend Stephen as an excellent solicitor”, “Helped me to keep my driving licence after I totted up to 15 penalty points”, “Persuaded the prosecuting barrister to drop the case”, “Attention to detail, extremely quick response time”, “I cannot recommend Stephen Oldham highly enough”, “Very professional and very knowledgeable”, “Professional, Knowledgeable and Great results!”, “Stephen Oldham is the only reason I kept my licence”, “Very approachable, matter of fact and non-judgmental”, “Straight away he was honest from the first phone call”, “Very knowledgeable on motoring offences”, “Kept me on the road and ultimately saved my job”, “Excellent service. If you’d prefer to discuss your drink driving case immediatelywith a specialist solicitor, please call our team on. They can’t go below the minimum. Law specialise in defending motorists nationwide. You should check the charge sheet that the police gave to you carefully. He is available for his clients day or… Read more “Becky Bolt”, A partner at a city law firm recommended Stephen as the best person for driving cases when my eighteen-year-old son was in… Read more “Concerned Mother, London”, I would thoroughly recommend Stephen Oldham Solicitors for any of your driving related convictions. in the justice system. Contacted Stephen after reaching 12 points and being informed I could lose my licence for 6 months. 4. They just mean that the magistrates do not have to impose the minimum 12 month suspension. There are only two ways that you can avoid a ban for drink driving. A penalty point endorsement is not an option for dangerous driving for which a 12 month minimum ban is compulsory. You cannot avoid disqualification by simply mitigating in relation to your personal circumstances. If you plead guilty you might be able to claim that there is something about the case that means that you should not be banned. Though could… Read more “Jonathan Shaw”, Stephen Oldham represented me very successfully for a speeding offence and totting up points case. This type of ban is at the discretion of the judge, where they feel penalty points or a fine would not suffice in a specific case. Emma Says: Unfortunately not. Can I avoid a drink driving ban or escape disqualification? @stephenoldhamuk mail@stephenoldham.com 0330 111 6074, Stephen was meticulously prepared, leaving no stone unturned. It is possible to avoid a disqualification when convicted of drink driving if ‘special reasons’ not to endorse or disqualify can be successfully established. Drink driving, speeding and all other motoring offences. Stephen was very easy to talk to an made me feel at ease before going into court He… Read more “I would highly recommend”, Steven was extremely helpful & informative from the moment I phoned him to enquire about my speeding offence & court… Read more “Marc Wheeldon”, I spoke to a few other motoring solicitor before I chose Stephen Oldham to represent me. He is very approachable, matter of fact and non-judgmental. His attention to detail, extremely quick… Read more “Attention to detail, extremely quick response time”, I greatly valued the friendly advice received and Stephen being readily available at various times of day to suit myself.… Read more “Friendly advice”, I would highly recommend Stephen, I received professional advice and guidance which helped me with my speeding offence. These include sobriety checkpoints and saturation patrols. I was nominated by mistake as the… Read more “Won the appeal”, Stephen was from the first word go a true professional.all the way through to even leaving the courtroom. In reality this is rarely the true position because alcohol in the body (as with drugs) varies over time and is eventually eliminated. Driving ban and speeding offence FAQs, including when to expect a driving ban, length of disqualification and how to avoid a driving ban. This means that the CPS cannot rely on the blood result as proof of the true drug reading at the time of driving. The principle behind ‘special reasons’ says that for certain motoring offences, even if the defendant is technically guilty of the offence, the court may choose not to impose a driving ban, even where a ban is normally mandatory. No. It is important to plan in advance, because your brain function will slow down and your decision making skills will be impaired once you start drinking. If not, take a look below to see what could disqualify you immediately so you can avoid a driving ban. It is still something of a mystery as to why a Judge would regard an independent expert report as not being relevant to such a case; after all, nobody knew whether one, two or three cannabis joints would result in a reading of more than 2µg. I’ve been accused of drug driving. Driving whilst unfit through drink or drugs; Drink Driving Defences. Assign a designated driver. If you receive a driving ban, it can be an extremely frustrating experience, since you will have to rely on other modes of transportation until the ban expires. You might think that you have been charged with drink driving when in fact the allegation is being drunk in charge. Can I mitigate to avoid a ban by offering to pay a really high financial penalty. Decide before you begin drinking that you will not drive. Back to the latest updates. This makes it more difficult to prove a case beyond reasonable doubt when it is claimed the drug was consumed after driving. Sometimes it might be possible to get the prosecutor to change a drink driving charge to drunk in charge. He was honest in his opinion towards both sides of the… Read more “Stephen was very helpful and understanding”, Stephen Oldham represented me for a disqualified driving charge. Law successfully represented a young man charged with drug driving. Driving Ban FAQ and legal advice for the UK motorist. Needless to say, the offence also attracts a criminal record. Magistrates can and will take them into account at court. In our view there was no legal basis for the expert report to be deemed inadmissible, and the ruling that our client had not consumed drugs post driving went against the strength of the evidence. Ski great Northug to be jailed for traffic and drug offenses By ... sentenced him to seven months in prison and a lifetime driving ban. Drug driving penalties are severe. Can I avoid a drink driving ban or escape disqualification? Explore more. SRA number 563751. Very calm and highly skilled and achieved a great result. It is also very difficult for the prosecution to prove the drug was not consumed after driving because it is understandable (and believable by a court) why a motorist would quickly eat any drugs on his person so as to avoid a separate charge of possession or supply. Law successfully represented a young man charged with drug driving. Had he not eaten the cannabis then he would have been under the limit of 2µg. This, of course, also enabled us to raise the defence of post driving consumption. He was given an alcohol breath test which he passed. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In order for a successful argument against a ban to occur, certain legal criteria will first have to be met. Setting limits for drug-driving may prove tricky. I contacted him and he helped… Read more “I managed to keep my job”, Stephens advice was straight forward and to the point. On the other hand, drivers must be watchful of non-illegal drugs, too, as some prescription and over-the-counter drugs may also cause driving impairment. You should take legal advice before you try to challenge a case in court. In a recent case, M.A.J. But, all that they can do is reduce the level of sentence. Five stars all the way****************, Without Stephen’s support and guidance my son would have 6 points on his provisional license. Ban on U.K. flights to Canada to expire tonight as testing scheme takes effect 1 hour ago. Kevin made a successful exceptional hardship argument on his behalf so a driving ban was avoided. Drug-impaired driving is a national threat to public safety and public health. A conviction for drug driving offences could affect your car insurance – find out more. Marcus Johnstone, who was in charge of this case throughout, instructed a senior barrister to present the appeal. In addition, and possibly because there was no report, the court stated it did not believe our client consumed cannabis after driving. I was handed a 12 month ban for drug driving Im an hgv driver for a living Not only have i ben band but ive lost my job and my way of supporting my family I was not aware thete was drugs in my system Is there any way of reducing my 12month ban Shelly - 15-Jul-20 @ 1:34 AM. The special reason has to be something that happened when the drink driving incident took place. Stephen Oldham represented JA in a case… Read more “Very calm and highly skilled”, Called Stephen at short notice regarding representing me in court and best advice. If as a result of being convicted of a motoring offence which results in the number of points on your licence reaching 12 or more (often referred to as totting up) you will be eligible for a disqualification from driving of at least 6 months. A drink driving ban is normally considered an automatic penalty for a conviction of driving over the legal limit but, in fact, courts can still show discretion and a case against a ban can be made. Law. Special reasons are covered in S.34 RTA 1988 Driving ban avoided following successful exceptional hardship argument. Drink Driving Info. Thanks, Excellent service. If the police pull a motorist over at the roadside, the CPS will claim there was not enough time to drink anything. In other circumstances, the ban is subject to the discretion of the Magistrates / Judge and will depend on any mitigating circumstances that you present. Mitigation . By completing a DDRS course, the attendee can reduce their driving ban by up to 25%, for example, taking a 12-month driving ban down to 9 months. Some common examples are: In all of these cases you will have to prove that the special reason exists. It will reduce the length of the ban by ¼. M.A.J. If a driver under the influence of drugs or drink causes death by dangerous driving, he or she faces a maximum prison sentence of 14 years. We found him to be very personable and engaging;… Read more “Magretta Clarke”, Stephen provides straightforward advice, he laid out all the options that were available without any commitment from me. You did the best… Read more “Worth every penny”, Very prompt response. So losing your job or serious financial or health consequences will not work. Avoiding disqualification using “Special Reasons” and minimising any sentence imposed. Speedy response and effective. However, it is not yet known what amount of cannabis needs to be consumed before an individual reaches the drug drive limit. Geoffrey Miller Solicitors are specialists defending drivers nationwide for drink driving offences, drug driving offences, dangerous driving, speeding tickets, penalty points totting up and all UK traffic and motoring offences. There are only two ways that you can avoid a ban for drink driving. Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where his client was at real risk of a driving disqualification. Get convicted 2 times in 10 years and the minimum ban goes up to 36 months. Stephen quickly absorbed all the issues, advised me… Read more “Very knowledgeable on motoring offences”, Stephen was quick to respond to my request for advice, and very professional and understanding. Would highly recommend Stephen Oldham Solicitors! I am a specialist The good new is that there is no minimum ban. Free advice? An appeal takes place at the Crown Court most local to the trial court and is a complete re-hearing of the case. Would definitely recommend”, I think you were very realistic and honest with me. I contacted him after the police stopped me, told me that… Read more “Open and honest”, Honest straight forward, no nonsense advice. With a defence of post driving consumption of alcohol (with drink drive cases), it can be difficult for the defence to show alcohol was in fact consumed after driving unless there was a reasonable amount of time that elapsed before the police arrived. I would be careful about doing this. The Magistrates’ Courts Sentencing Guidelines say that you can expect the following: You can’t avoid a ban if you are convicted. 87% Success Rate Drink Driving Trials I have no… Read more “Kept me out of prison”, Stephen, you are worth five stars… At the age of 65 years , having never experienced court and being convicted… Read more “Sue Gibb”, I was fortunate enough to be recommended to this gentleman who did a thoroughly great job. It may take only a second to eat a pill or a bag of cannabis and therefore any motorist could claim to have consumed the drug before the police got to the car. While many of us will assume we’re safe from being prosecuted for drug driving if we don’t take illegal drugs such as cannabis or cocaine, prescription medicines such as amphetamines and morphine can also affect your driving. You could potentially have your disqualification from driving shortened or even avoid disqualification altogether if you are able to put forward special mitigation usually known as “Exceptional Hardship”. In some circumstances, however, an evidential burden is placed on a defendant to prove his defence on a balance of probabilities (i.e. Any special reason put forward to the court asking them not to endorse or disqualify must relate directly to … The law on drug driving offences was amended in April 2015. As noted above, this position is different with drug driving. The extremely helpful advice I… Read more “Sarah Lamrick”, I had never been to court before, another lawyer recommended Stephen Oldham to me. What the defence had to do was try and establish that the amount consumed before driving would not have been enough to put our client over the limit, therefore the amount consumed after driving was responsible for the excess amount. Required fields are marked *, « My “Keep Your Driving Licence with 12 Points” Video is Finished, I will give you a £50 voucher if you find a mistake on my website », Specialist motoring solicitor and Higher Courts Advocate. Drink driving convictions: the consequences. 5. With drug drive cases, the prosecution position is made more difficult because the assumption does not apply. Very nice competent guy… Read more “Merrick Platts”, I contacted Stephen via his website to help represent me at court for a speeding offence that could have resulted… Read more “Mark from Leeds”, Very professional and very knowledgeable from the beginning of the case up until the end. Instantly understood the issue and was… Read more “Andrew McNally”, I was so pleased with the outcome I am glad I choose to work with you. There are 3 main ways that you can avoid a ban and one way that you can ask for the minimum ban to be reduced. 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