Each year, over 500,000 breath tests are carried out across the UK.

Of these 500,000 breath tests, an average of 1 in 5 is found positive.

The most common section of society who test positive in breath tests are men between the ages of 17 and 29.

Men between these ages also make up the highest number of casualties of drinking and driving.

Nearly 1 in 6 of all deaths on the road involve drivers with more than the legal limit of alcohol in their blood.

This results in an average of 3,000 people being killed or seriously injured as a result of drink drive collisions.

In addition to these 3,000 serious casualties, 2004 saw over 14,000 more people suffered minor injuries from collisions involving drink driving.

Don’t be one of the 100,000 people caught drinking and driving this year. Don’t drink and drive this Christmas.

Because of the massive danger involved in drink driving, exceeding the limit of 80mg of alcohol in 100 mg of blood carries a maximum penalty of 6 months in prison, a £5000 fine and a driving ban of 12 months. Although this is a maximum penalty, everybody caught drink driving loses their license for a year – a ban that remains on a license for 11 years! Not only does this boost insurance, the ban itself can totally ruin somebody’s life, as both work and family life become much, much harder.

As if this isn’t scary enough, merely being in charge of a vehicle whilst over the legal limit can result in a prison sentence of 3 months’ imprisonment, a £2,500 fine a driving ban! Failing to provide a provide a sample for testing won’t help either, as this carries a penalty as harsh as drink driving itself!

Most terrifying of all, however, is the penalty for causing death by careless driving whilst under the influence of alcohol. As if causing death wasn’t harrowing enough, you can also be sentenced to 14 years in prison!

In fact, it is probably the same feeling that we enjoy from drinking alcohol that makes us more dangerous drivers. The boost in confidence, combined with reduced coordination and reaction times makes for a good party, but a very dangerous drive home.

This same principle goes for the morning after as well. Always remember, that sleeping is not the same as sobering up! Nor is drinking coffee, having a shower or changing your clothes! You may feel better, but you’re still not a safe driver and will lose your license if caught. On average, your body will metabolise a single unit of alcohol an hour – around half a pint of beer. A few hours of sleep is simply not enough to sober you up after a night of heavy drinking.

1. You don’t own the vehicle – often only the case if you have recently sold your car.
2. The penalty exceeded the amount shown on the sign.
3. The car was stolen at the time
4. The offence never occurred in the first place (no ticket was issued, there were no clear signs or markings etc)

In the vast majority of cases, number 4 is the most appropriate reason for appealing. It is worth bearing in mind the following, however:

Having a valid permit isn’t enough to invalidate a parking fine – the permit has to be on clear display. If there is evidence that it was not clearly display – and there is likely to be – you aren’t in a strong position. Since April 2008, parking tickets can also be sent by post – they don’t have to have been applied to your car. It is wise to ask for photographic evidence if you receive a surprise parking ticket, then check it carefully to ensure it is a genuine contravention.

HOWEVER:

If there aren’t clear signs on every single road leading into a restricted parking area, then you have grounds to appeal your ticket. If you get a ticket, check every road leading to the parking area; check both sides of the road and look for signs that are covered, smalls, faded or broken – all these can lead to your ticket being invalid. In the case of parking bays, there must be signs within 5 metres of each end of the bays. If you parked on a double yellow line, check that the line is unbroken and ends in a ‘T’. Breaks in the line, or failure to have a ‘T’ at the end of the line invalidate tickets. Of course, in all the above cases you will need to provide photographic evidence of the reason for appeal.

If your ticket was for parking outside of a marked bay, it is well worth measuring the bay to ensure it meets the requirements for the minimum size. If it isn’t at least 1.62 metres wide from edge of kerb to outer edge of line, it is too small and your ticket is likely invalid.

Although unloading vehicles is not allowed on double yellow lines, it is perfectly fine to unload on a single yellow line for up to 20 minutes. If you receive a ticket within 20 minutes, it isn’t valid. Of course, it will help to have proof that you were loading or unloading your vehicle at the time – contracts and witnesses work well.

Good luck!

Over the last 12 years, the number of defendants being prosecuted in magistrates’ courts has fallen from nearly 2 million to 1.64 million, with minor speeding offences falling by nearly a quarter. In 2008, only just over half the total number of offences recorded were court convictions, yet spending on criminal courts rose to a billion pounds across 2008 and 2009. Despite the fact that they have already lost over 1,000 staff over the last 3 years, the government has hence proposed to close down 100 more magistrates’ courts across the country, as yet another money-saving strategy.

The problem, however, is whether this is really a sensible route for the country to be taking. Although minor speeding fines are the kind of thing that are probably best handled by police officers rather than magistrates, we must take care not to shift the emphasis of determining convictions and punishments only law enforcement officers, who are clearly not qualified for the role. Court hearings ensure justice and fairness remain of paramount importance; even in minor cases, everybody has a right to be treated fairly and have their case properly heard by a magistrate or judge – not just a bobby.

However, the AA has warned that scrapping speed cameras in this way is creating a “road safety policy void”, which is putting lives at risk. In a letter to Transport Secretary, Philip Hammond, the AA said “motorists’ views are not being reflected accurately in this debate. Ultimately, lives are at risk.” Unfortunately, I disagree.

Although there is little doubt that speed cameras protect lives, I feel the AA grossly misunderstand the viewpoint of most motorists. Granted, I spend much of my time with frustrated drivers who have been caught out by cameras, but even those who haven’t been caught find speed cameras more annoying than anything else. For every person who rockets up to the camera, slows down for 4 seconds and then shoots off again, dozens are fined for driving a few miles an hour too fast. I’m not offering an opinion of whether cameras are good or bad, however; I’m merely saying that the AA should think twice before claiming to have the public on its side. I think most of us will be thrilled to hear there are less cameras around!

That’s right, when Freeman’s daughter Sophie, 19, was caught doing 63mph in a 50mph zone, Freeman refused to get her off the charges! “Every fibre of my parental instinct told me that Sophie had to understand the consequences of breaking the law.” he was reported as saying, which seems very paternal, if slightly hypocritical. After all, the consequences of breaking the law for Bowyer, O’Sullivan and Becks were, well, non-existent! Then again, Freeman has taught his daughter another valuable lesson; life isn’t fair.

As Nick Freeman and Jeanette Miller have famously proven, the majority of motorists can get off their charges on technicalities. Irregular road markings, paparazzi chases and depression make up just some of the excuses that have been successfully used to get various rich and famous people off speeding, dangerous driving and giving breath tests. A few years back, Miller even managed to save a man with 31 points on his license from getting a ban! Although this may seem something unethical, Miller recently pointed out the Guardian that not doing our best to get our clients off – even when they are guilty – would be a breach of our professional duty.

We, as solicitors, are obliged to do our best to get our clients off the charges laid against them. In many cases, this is entirely possible, due to loopholes in the law and minor technicalities – the kind of thing only a detailed knowledge of the law allows. If you find yourself in trouble, there really is no better option that calling to talk things through.

When arguing against a charge of speeding, for example, many motors challenge the speed they were said to have been travelling. This normally takes the form of a challenge against the equipment used to detect their speed. The same applies to drink driving, in which case people challenge the accuracy of the alcohol detection equipment. In both cases, legal representation is highly advised, as it is exceptionally hard to provide decent evidence to support such claims.

Defendants seeking instead to challenge the Police Officer from whom their charge has been made should also consider employing a solicitor to help their case. Police Officers, as people of the law, are highly experienced in most legal matters, courtroom appearances included. Despite the neutrality that judges are required to maintain, a Police Officer always starts a case in a strong position, compared to a civilian accused of a traffic offence.

In some cases, hiring motoring solicitors is a very wise move. Say, for example, you have been charged with speeding and are disputing the claim – saying you weren’t going as fast as they say you were. In this case, when intending to argue and fight your case, a motoring solicitor is the most valuable ally you can hope for. Similarly, when at risk of losing your license, there is nobody better to have on your side than an accomplish motoring solicitor.

However, in many cases people caught speeding are happy to accept the charge, pay the fine, take the points and avoid any legal costs. In cases like this, there is little a solicitor can do to help. Set offences have set penalties and, although a written plea to the court could help matters, there is little that having a lawyer present can do to help your case.