The Purkiss Partnership
St Georges Road
Thousands of speeding tickets are issued and thousands of speeding prosecutions are commenced every year. You would think by now that the police and prosecutions department would always act in accordance with the relevant legislation.
Challenges in the divisional court (1. See Coombes below) and cases in the local magistrates and crown courts over the past years however demonstrate that mistakes are being made.
When it can be proven that those mistakes impact unfairly upon the motorist defendant the courts can often be persuaded to acquit.
Andrew was at the high court in 2000 when the judgement in DPP –v- Teixiera put paid to most of the more technical defences previously attempted in drink drive cases.
It is very difficult now to challenge the workings or accuracy of the intoximeter machines at the police station.
Mistakes are still being made by police officers when conducting the ‘intoximeter procedures. These mistakes can, in some circumstances, give rise to a successful challenge if any prosecution results.
Specific medical conditions and circumstances can still lead to successful challenges to alcohol intoximeter readings. Each case needs to be considered on its particular circumstances and merits.
Other defences and special reasons
Duress of circumstance can still in exceptional cases result in acquittals.
In addition specific defences such as ‘post driving consumption’ and special reasons arguments based upon ‘laced drinks’, ‘shortness of distance’ and ‘emergency’ are regularly argued successfully in the local courts.
The courts are becoming more and more willing to exercise their powers to impose ‘driving disqualifications’, now often as a punishment in its own right and not just for traffic related offending.
‘totting’ or ‘penalty point’ disqualifications can often be avoided by thorough preparation and careful presentation.
Alcohol related disqualifications can in some circumstances be avoided or reduced.
From dealing with initial requests for ‘drivers details’ to issues surrounding the revocation of ‘driving licences’ or relating to the wording of ‘insurance policies’, ‘road traffic’ legislation that on the face of it should be straightforward and clear cut is often far from it.
Before you go before the court facing any road traffic allegation seek professional advice as to what options and arguments might be available to you.
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