Motor & Driving Offences

Drink Driving Offences

If you have been charged with a drink driving offence you need legal advice as quickly as possible. Early advice is key if you are charged with a drink driving offence. We can look into the details of your arrest and how you provided samples of breath, blood or urine. The procedures for these are specific and if not complied with can amount to a Defence against a drink driving conviction.

The minimum sentence upon conviction is a 12 month ban, however it should be noted that this can be increased at the discretion of the Court. The duration of the disqualification and the size of the fine will depend upon the circumstances of the incident and if there is a previous record of driving offences.

Also at the Court’s discretion, you may be offered the opportunity to attend a drink driving rehabilitation course which once completed, can reduce the period of a ban by 25%. However, if you have a previous conviction for drink driving you will not be offered this.

Drink Driving - Failure to provide specimen

If stopped by the police and unable to provide a specimen you can be prosecuted. If prosecuted you could be banned for 18 months or more.

This could happen when someone, who is suspected of drunk driving, is arrested but refuses or is unable to provide a specimen. A defence can be submitted if there is a reasonable excuse for this or if the procedure was not followed correctly by the police.

Drink Driving - Drunk in charge

Drunk in Charge is a different offence to the Drink Driving offence and is normally charged when the police cannot prove the actual ‘driving’ element of the offence. The police and prosecution may have a weak case, and expert legal advice is key in a delicate case. If found guilty there carries a minimum driving disqualification of 12 months. There is potential to avoid a disqualification if handled carefully.

Drink Driving - Excess Alcohol

In Northern Ireland the alcohol limit for drivers is 35 micrograms (mg) per 100 millilitres (ml) of breath, 80 milligrams (mg) of alcohol per 100 millilitres (ml) of blood and 107 milligrams of alcohol in 100ml of urine.

The minimum punishment upon conviction is a 12 month ban, however it should be noted that this can be increased at the discretion of the Court. Loss of job is not a reason to justify avoiding disqualification. The duration of the disqualification and the size of the fine will depend upon the circumstances of the incident and if there is a previous record of driving offences.

Careless Driving

A person is guilty of a Careless Driving offence if the standard of their driving was below the standard of driving expected of the competent and careful driver. When deciding what is to be expected from a competent and careful driver, it must be taken into account the circumstances that the driver could be expected to be aware of and any circumstances shown to have been within the driver’s knowledge.

Dangerous Driving

Dangerous Driving is one of the most serious (non-fatal) road traffic offences that a motorist can face. This is reflected in the sentencing powers of the Courts as if convicted, the Court can impose a prison sentence of up to two years, as well as lengthy disqualification periods and extended re-tests when the driver eventually can reapply for their driving licence.

In order to convict someone of a Dangerous Driving offence, it will have to be shown that the standard of driving of the driver was far below the minimum standard of driving expected of the competent and careful driver; and that that it would be obvious to a competent and careful driver that driving in that manner would be dangerous.

Dangerous driving could be racing, aggressive driving or dangerous overtaking. Speeding can amount to a dangerous driving offence if the speed is high enough.

Driving Without Insurance

It is a strict liability offence to drive a motor vehicle without having valid insurance. If convicted the starting point for this offence is an automatic endorsement of at least 6 penalty points and a fine of up to £5,000. The penalty points range from 6-8 points with a restriction disqualification available to the Court.

The law states that ‘ignorance’ is no defence. Therefore even a mistaken belief that you were insured at a particular time would not help your case in Court.

However, it is not true to say that there is no defending these cases. A person may be covered by a company policy or an insurance policy but the police are unaware of this when they detain the defendant. It may be possible to prevent the endorsement of penalty points on the persons licence and fine if a suitable defence is successfully presented

Additionally, it is a Driving Offence to permit another person to use your vehicle if they do not have insurance. If convicted you could face the same penalty as if you were driving without insurance.

Driving Using a Mobile Phone Offence

It is illegal to drive a vehicle using a mobile phone or a similar hand-held device. This offence carries a standard 3 point endorsement and a fine of up to £1,000 and can, in certain circumstances, cause drivers to lose their licence for 6 months or more.

Can you be prosecuted for using a mobile phone at traffic lights? The answer is yes. If the device is hand-held, even turning the mobile phone on is “using” the device which contravenes the current legislation. The fact that you were stationary in makes no difference, as you were still “driving” the car.

In order to avoid prosecution, you should only use a hand-held phone when the car is parked and the engine is turned off.