If you have been caught drink driving but only drove a very short distance you may be able to avoid a disqualification due to special reasons.
You can avoid being disqualified for drink driving if the distance that you drove was very short. You will also need to show that it was not likely that you would come into contact with other road users.There are a total of 7 things that the court will look at –
1 How far the vehicle was driven;
2 In what manner was it driven;
3 The state of the vehicle;
4 Whether the driver intended to go further;
5 The road and traffic conditions at the time;
6 Whether there was a possibility of danger by coming into contact with other road users or pedestrians;
7 What the reason was for the car being driven.(Chatters v Burke [1986] 3 All E.R.)
It is not enough to say that you had only driven a short distance if the reason for that is because the police stopped you. The court will look at how long the journey would have been if you had not been stopped.
The emphasis is on the shortness of distance and whether the motorist would have been likely to come into contact with other road users.
The courts have said, for example, someone reversing a car out of a tight parking spot because his wife did not want to reverse was a short enough distance and did not disqualify him. The court said that the fact that his wife was going to drive the rest of the journey was significant.
The court also agreed not to disqualify a motorist who moved his car off the main road onto a car park some 40 yards away.
In other cases the court have said that half a mile is too far.
They will also look at the reason for the driving.
We deal with these type of cases on a daily basis and are able to advise you as to the strengths of your case. We will give you an honest assessment. We don’t just say you have a good case, we advise most people that they do not have a strong case.
For a free, honest assessment of your prospect of success call 01623 397200 and talk to one of our team.
