Friday, August 31, 2012

A Drink Driving Solicitor Can Help Reinstate Your Driving Licence

Disqualification on your driving licence affects your life in many unexpected ways. If you’ve been convicted of drink driving in the United Kingdom, a 12-month drink driving ban is mandatory under nearly all circumstances. Under certain conditions, though, you may be able to have your driving licence reinstated before the end of your disqualification period. A drink driving solicitor can help you make your application to have your licence reinstated early and argue your case before the court. If you’re dealing with a drink driving suspension of your licence, here’s what you should know about the process of having your driving licence reinstated.
Eligibility
Your eligibility for early reinstatement depends upon your original penalty and your history of drink driving convictions. In most cases, if you have a first time offense with a mandatory 12-month disqualification, you are eligible to apply for early reinstatement no sooner than 56 days before the end of your suspension. On longer terms, you may be eligible to apply after you have served at least one half of the disqualification time.
Applying for Reinstatement
In many cases, you will have to sit a re-test before your licence will be restored even if you wait out the full disqualification period. You will also have to apply for a new driving licence. If you’re applying for early reinstatement, however, you will have to go before the court that originally issued the driving ban. Thus, if your licence was suspended in Chatham or London or Kent, you’ll have to appear before the court in Chatham or London or Kent.
The court will review your character and behavior since the driving suspension in making its decision. The decision will also depend upon the severity of the original offence and on your history of drink driving leading up to the latest suspension. If you have more than one drink driving conviction on your record, it will be considerably more difficult to convince a court to grant you an early reinstatement.
In cases of longer suspensions, you or your drink driving solicitor will also be expected to present a persuasive argument or reason why your licence should be reinstated early. It isn’t enough to just want to be able to drive again. The most persuasive arguments are generally related to employment, such as having a firm job offer in hand that will require you to have a driving licence.
If you’re trying to have your driving licence reinstated before the term of disqualification is done, consulting a drink driving solicitor offers your best chance to persuade the court to give you back your right to drive. Before you make your application, make a call to the offices of a solicitor experienced in criminal legal aid and drink driving offences.

Sunday, August 26, 2012

Five Things Your Drink Driving Solicitor Thinks You Should Know

It’s a sad but true fact: the worst time to be looking for professional help with a drink driving charge – or any other criminal charge, for that matter – is after you’ve been charged. Of course, few people go looking for a solicitor who specializes in drink driving cases before they’re facing a drink driving charge, and no one expects that anyone should. If you did happen to consult such a professional, though, here are five bits of knowledge and advice he’d likely give you.
Don’t Ever Assume That You’re “Fine to Drive”
Many people make the mistake of thinking that enough time has lapsed since their last drink or that only two pints isn’t enough to affect they’re driving. The facts are this: there are many different factors that affect your body’s ability to metabolize alcohol. They include your size, your weight, your genetics, how much you’ve eaten, the amount of time elapsed since your last drink, the amount of alcohol you’ve consumed – even the temperature and your physical condition can play a part. In general, if you are planning to have a drink – or have been drinking – during the evening, hand the driving duties to another who is not drinking.
Do Not Refuse a Breath Test
If you are pulled over by the police and asked to submit to a drink test, do not ever refuse on the assumption that the prosecution will have a weak case without physical evidence. A refusal to take a breath test is practically an invitation to prosecution. If the police believe you were drink driving and you refuse to provide a breath sample, the likelihood that you will be charged with the offence. The court does not look kindly on those who refuse breath tests. Most will assume that a refusal is a tacit admission of guilt.
Contact a Drink Driving Solicitor at the Earliest Opportunity
The longer you wait to contact a solicitor to advise you and handle your defence, the more difficult it may be to mount an effective defence against the charges. Bringing a drink driving specialist into the picture early can prevent you from making admissions or agreements that can damage your case later in court.
Do Not Plead Guilty to a Drink Driving Charge
The police or prosecuting solicitors will frequently attempt to convince you to plead guilty to a drink driving charge in the hope of a reduced sentence. Do not do it. A guilty plea carries a mandatory minimum sentence of 12 months disqualification – but that’s just the least of the penalties that may be levied on you. Beyond the legal penalties, a drunk driving conviction on your record can affect you in many ways for years.
There Is Always a Defence
Even if you believe that you are guilty – that there is no question you were driving with an excess of alcohol in your system, there are many defences that can nullify the charges against you and save your driving licence. That’s why it’s essential that you consult a drink driving solicitor to advise you and prepare your defence if you are facing charges of driving with an excess of alcohol.