Solicitor for a Second Drink Driving Offence

If you have previously been convicted for a drink driving offence and are being accused of the same once more, the expert motoring solicitors at JMW can help. We specialise in preventing drink driving bans and supporting those who have faced multiple allegations or more than one drink driving case.

JMW offers expert legal advice based on the specific circumstances under which you were accused of a second drink driving-related offence. We can explain the options available to you and do everything we can to keep any penalty to a minimum.

Find out more about how our experienced drink driving solicitors can help those facing repeat offence drink driving charges by contacting the team today. Call JMW on 0345 872 6666 or complete our online enquiry form, to enable our team to call you back.

How Our Specialist Solicitors Represent Repeat Drink Driving Defendants

At JMW, our specialist drink driving legal team has helped many people to minimise the penalties associated with a second offence and put their lives back on track. The process begins with a free consultation, during which we can discuss your circumstances and offer free initial advice about your legal position. From there, we will represent you at all stages of the process, from identifying and building a defence, to representing you if you need to attend court or give evidence at a police station.

Our approach is to determine whether there is a real defence available to you and, if not, how to contain and limit your sentence, bearing in mind the severity of penalties for a second serious offence for the same behaviour. This starts with understanding the charges, as driving or attempting to drive with excess alcohol under section 5 Road Traffic Act 1988 comes with different sentencing guidelines to being "in charge" of a vehicle whilst over the prescribed limit. There may be statutory defences available that could prevent a conviction.

Otherwise, we will scrutinise the prosecution's evidence and the calibration of any testing devices used to determine whether evidence is accurate and was collected according to the correct statutory procedures. There are several types of defences that may be available, and we will explore all of the following options:

• Challenge proof that the client was driving, or that their conduct amounted to an attempt to drive.
• Examine whether the location was legally a road or public place, as the offence must take place on a road to result in legal consequences.
• Show post-driving consumption, known as the “hip flask” defence. This is relevant where the client can show that alcohol was consumed after driving but before the specimen was taken, on the balance of probabilities. This type of defence usually needs expert scientific evidence from a forensic alcohol expert early, and your solicitor can work to build a strong case where this defence applies.
• Demonstrate that the Crown Prosecution Service's case contains errors, that evidence is unreliable or that legal procedures were not followed correctly.
• Prove the unreliability of a breath machine or other device, based on evidence that it was not calibrated correctly. Instruments are generally assumed reliable, and speculative challenges to devices are weak unless there is evidence, such as a discrepancy between two alcohol readings.
• Prove that our client was “in charge” of the vehicle rather than “driving”, and that there was no likelihood of driving while over the limit based on factors such as where keys were located, sleeping arrangements, distance from the vehicle, witness evidence and expert evidence if necessary.

For a second offence, the existence of a previous conviction triggers a longer minimum ban and aggravates sentence. As such, it is a key part of the new charge and should be considered accordingly. We will work to verify the conviction date and offence date, to determine whether it falls within the statutory ten-year period, whether it is a qualifying prior offence, whether the prior case involved disqualification and whether the prosecution record is accurate. Under the Sentencing Council’s guidelines, the length of a second-offence disqualification depends on all relevant circumstances, including the time since the earlier ban and the gravity of the current offence. As such, any errors in interpreting the initial offence could affect your legal position significantly.

Where we cannot mount a successful defence, we will explore any mitigating factors that could minimise the extent of the penalties you receive and keep any driving ban to the minimum period. JMW will also determine whether a successful hardship argument could help you to avoid a driving ban entirely by examining other factors in your life. These are different in every individual case, but there is often a real possibility of making a successful argument in this respect.

Why a Second Offence Is Different

If you have previously been convicted for a drink driving offence, or you have been arrested on more than one occasion for drink driving, you will already be aware of the seriousness of this type of allegation. A second offence will be treated as a more serious criminal offence and will usually result in harsher penalties if you are convicted.

This includes a longer mandatory driving disqualification (of a minimum of three years) if you have been caught drink driving and received a criminal conviction in the past 10 years. There is a lower threshold for the court to issue a custodial sentence for a repeat offence, and it will be more difficult to mount a strong defence on the basis of exceptional hardship. The worst case scenario would be a prison sentence, with the maximum prison sentence that the Magistrates' Court can impose being six months.

In some cases, you may be identified as a high-risk offender. This means that you must reapply for your driving licence at the end of your driving ban, and can only do so when a DVLA-approved doctor has examined you to determine whether or not you are fit to drive. As such, it is imperative that you have access to the very best legal assistance if you are facing a repeat charge. The drink driving lawyers at JMW specialise in representing convicted drivers to defend a second alleged offence and can deliver the best possible outcome for you. If the court offers a Drink Drive Rehabilitation Scheme, this can reduce a ban of 12 months or more, but this is only offered at the court's discretion and your solicitor cannot guarantee that this will be available.

What Are Mitigating Factors That Apply to a Second Drink Driving Ban?

Because custody is possible, mitigation should be strong and considered from the outset when building your defence. A strong mitigation approach could include:

• Low-end facts of the offence, such as a lower alcohol reading, no accident, no passengers, no bad driving, no high-traffic area and no poor road/weather conditions. On the other hand, the Sentencing Council lists aggravating factors such as carrying passengers, unacceptable driving, collision, poor conditions and high pedestrian/traffic presence.
• A very short distance driven, which reduced the seriousness of a charge even where it does not amount to a defence.
• A genuine emergency can mitigate the severity of an offence, provided there is evidence of who was at risk, why driving was necessary, why no safe alternative existed and how far the person drove.
• A show of genuine remorse, for which useful evidence includes an early guilty plea where appropriate, an apology, insight into risk, voluntary alcohol work and practical steps to prevent recurrence.
• Evidence of rehabilitation or alcohol treatment, especially where custody or a high-level community order is in issue. Examples include alcohol assessment, counselling, GP referral, abstinence monitoring, attendance at support groups, installation of alternative travel arrangements, or employer-supported treatment. The court may also consider a pre-sentence report where the offender’s behaviour, risk, personal circumstances or suitable requirements need assessment.
• Positive character or exemplary conduct. Good character is weaker in a second drink-driving case than in a first offence, but positive character or exemplary conduct can be highlighted in mitigation regardless of previous convictions.
• An early guilty plea, which can reduce the sentence, but not normally below the statutory minimum disqualification of 3 years.

While it can be more difficult to raise mitigation after you have been caught driving while under the influence for a second time, and the existence of a criminal record is sometimes an aggravating factor, our solicitors will gather the strongest evidence possible and advise you of a suitable defence strategy to deliver a positive resolution wherever possible.

What Is a "Failure to Produce Driving Documents" Charge?

Under the Road Traffic Act 1988, the police can require certain people (including drivers on a road, people believed to have been driving at the time of an accident or anyone suspected of a driving offence) to provide their driving licence and other key documents. They may be asked to give their name and address, or the name and address of the owner of the vehicle they were driving, and documents including evidence of insurance, an MOT test certificate and goods vehicle test certificates, where applicable.

If you are unable to prove the relevant documents on the spot, you must produce them at a police station within seven days. If you have been asked to present a driving licence, this will need to be done by you, in person. If you need to provide a certificate of insurance or an MOT certificate, this can be done by someone on your behalf, although all documents must be in your name and not anyone else's. You can also provide an electronic copy of certain documents, if the originals are not accessible. By not doing so, you commit a failure to produce driving documents offence and may be charged accordingly.

Meet Our Team of Driving Offences Solicitors

Our specialist motoring offence solicitors have helped many clients to make an application to have a driving ban removed.

Q

Can a solicitor help me avoid prison for a second drink driving offence?

A

While the court can impose a sentence of up to six months' imprisonment for a second drink driving offence, there is no minimum prison sentence. As such, a drink driving solicitor can prevent a custodial sentence from being levied by raising strong mitigation or mounting a suitable defence against the further charges you are facing.

Q

Is exceptional hardship still available on a second offence?

A

While it is possible to make an exceptional hardship argument for a second offence, it is more difficult to do so and you should seek advice from an experienced solicitor. The court will not accept the same exceptional hardship argument that you made previously for a second road traffic offence, as the court assumes the first ban was sufficient warning. You must consider whether your circumstances allow you to put forward a strong and substantively new argument to retain your licence.

The team at JMW will examine the circumstances of your alleged offence, including the amount of alcohol in your blood or urine sample compared to the legal limit, and any mitigating factors that apply, to try to retain your licence wherever possible.