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Drink Drive Offences

05 Oct 2011, 11:35 by Christopher Knowles

Labels: barrister, conviction, defence, direct-access, drink-drive, driving-ban, lawyer, lega-advice, prosecution, public-access

A person is guilty of an offence if they drive, or attempt to drive, a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in breath, urine or blood exceeds the prescribed limit. Nearly everyone will know that it an offence to drive whilst drunk (or under the influence of drugs) but few will know of the consequences of such a conviction. Not only would it raise your car insurance but it will also result in a mandatory ban from driving. You will be disqualified for at least 12 months (considerably longer if this isn't your first conviction for such an offence). In addition to a ban, you will also be fined and if your reading is too high a prison sentence is a possibility. It is also an offence to fail to provide a specimen. People will often try anything in an attempt to keep their driving licence, and often end up putting forward preposterous suggestions forward to the Court. This will not help matters, and proper legal advice should be sought in respect of potential defences.Lay clients can either brief a barrister through a solicitor or they can come direct to a barrister under the direct access, or as it is sometimes known public access, scheme.



04 Oct 2011, 15:21 by Christopher Knowles

Labels: barrister, conviction, direct-access, prosecution, public-access, speeding, speeding-offences

Most people have driven above the speed limit on at least one occasion, either by choice or accident. As with regulatory offences, you will most likely be sent a notice of intention to prosecute and you will be asked to admit guilt. If you admit guilt, this will lead to the endorsing of your licence and the imposition of points. In some cases you will be summonsed to Court where the excessive speed could lead to disqualification from driving. In some cases there may have been a reason for driving at such speed, and this will have to be explained to the Court in defence or mitigation. Further, the evidence itself may well need to be thoroughly examined, e.g. to ensure correct procedure followed, etc, before a properly considered plea entered at Court. Even where you are only a few mile per hour over the limit you are still liable for conviction. Lay clients can either brief a barrister through a solicitor or they can come direct to a barrister under the public access, or as it is sometimes known direct access, scheme.


Trading Standards Prosecutions

27 Mar 2009, 15:01 by John Snell

Labels: barrister, licensing, prosecution, trading-standards

Trading Standards cases are increasingly being brought before the courts - many concerning either way offences and some involving imprisonment. John Snell specialises in advices on liability, court venue, and in court appearances.

 Written by John Snell, Barrister at New Walk Chambers, specialising in Criminal Law.


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