Either you have a defence or you have Special Reasons for not being disqualified. We also cross-examined the nurse who took the blood specimen and we were able to show failures in procedure. Over the last 5 years we have dealt with the full range of drug related motor offences and have successfully saved over 1,500 drivers from endorsement or disqualification for motoring offences. Drug driving offences are punished by a driving ban of a minimum of one year, an unlimited fine, up to six months in prison and between three and eleven penalty points. It’s a good idea to prepare now in case you get pulled over for either drunk or drugged driving. They also do not automatically mean no disqualification. I was handed a 12 month ban for drug driving Im an hgv driver for a living Not only have i ben band but ive lost my job and my way of supporting my family I was not aware thete was drugs in my system Is there any way of reducing my 12month ban Shelly - 15-Jul-20 @ 1:34 AM. This, of course, also enabled us to raise the defence of post driving consumption. Please get in touch. You should take legal advice before you try to challenge a case in court. Thank you so much for your quick, professional information and advice. If, however, you accept the offence, factors that the Court will take into account include if your drinks were spiked, if you drove because of an emergency or moved a vehicle an extremely short distance. The good new is that there is no minimum ban. Thanks, Excellent service. In order to assist our case we obtained an expert report to calculate the levels of cannabis in our client’s blood before and after driving. The appeal court ruled that as the defence had raised the issue of post driving consumption, the obligation was then placed upon the prosecution to try and prove that the cannabis was not consumed after driving, or, if it was, that our client would nonetheless have been over the limit (because of the cannabis smoked before driving). As a result, we lodged an appeal to the Crown Court. In other circumstances, the ban is subject to the discretion of the Magistrates / Judge and will depend on any mitigating circumstances that you present. Kevin made a successful exceptional hardship argument on his behalf so a driving ban was avoided. For many people going to court and asking for the shortest ban possible might be the best idea. 87% Success Rate Drink Driving Trials Law enforcement officers are our best allies in the effort to reduce drugged driving and are the heroes who make our roads safe. Once the defence of post driving consumption is raised, it is for the CPS to disprove it – something it may find very difficult to do. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Any special reason put forward to the court asking them not to endorse or disqualify must relate directly to … There are only two ways that you can avoid a ban for drink driving. If you are under a medication, it would be best to talk to your doctor or a healthcare professional first to be sure you’re OK to drive. I was nominated by mistake as the… Read more “Won the appeal”, Stephen was from the first word go a true professional.all the way through to even leaving the courtroom. Penalties are harsh. Courts are stressful, and we… Read more “I would recommend Stephen unreservedly”, So grateful to have been recommended Stephen Oldham. In such a daunting place ‘The Courtroom ‘ I felt… Read more “Kate Waldron”, Clearly knows the law inside out and how local police forces operate. He was exemplary. The simple answer to the problem is that you can’t avoid a ban if you get convicted of driving with excess alcohol except in quite rare circumstances. You often have to show that there was no realistic alternative to driving and that the driving was absolutely necessary. Sometimes it might be possible to get the prosecutor to change a drink driving charge to drunk in charge. Provided a very professional and very clear information and advises in a very easy way what is… Read more “Roma Momkute”, Pleased in a difficult situation with regard to a speeding offence when it wasn’t certain who was in the car,… Read more “Nigel Titley”, Stephen was very helpful and understanding towards my case. Our client was pulled over by the police during the early hours of the morning. Clearly, if you successfully challenge the allegation and are not convicted, no punishment will be imposed. Man who flipped his car trying ‘to avoid an octopus’ arrested on suspicion of drug-driving ‘It isn’t even that close to the sea – though to be fair it was wet yesterday’ In our view there was no legal basis for the expert report to be deemed inadmissible, and the ruling that our client had not consumed drugs post driving went against the strength of the evidence. I have helped many motorists with rather simple motoring offences.… Read more “Fast at grasping the salient facts”, Faced with the quandary to plead guilty and/or to attend at Court… A friend recommended Mr Oldham. I contacted him after the police stopped me, told me that… Read more “Open and honest”, Honest straight forward, no nonsense advice. Without his advice… Read more “A true professional”, Professional, best driving law firm ever. In order for a successful argument against a ban to occur, certain legal criteria will first have to be met. I’ve been accused of drug driving. If you receive a driving ban, it can be an extremely frustrating experience, since you will have to rely on other modes of transportation until the ban expires. Stephen Oldham represented Mr M in a case at Stevenage Magistrates’… Read more “Speedy response and effective”. Of drink driving when in fact the allegation is being drunk in charge of this case,. Strongly that both the pre trial ruling and the minimum 12 month minimum ban only over the.. To have been accused of driving offences was amended in April 2015 more. Pull a motorist over at the Crown Prosecution Service ( CPS ) through so many obstacles in the ’! Our cookie policy in 10 years and the trial decision was wrong MGDDA document made no reference to client! The basics, there are only two ways that you avoid a ban for drink driving, carrying... 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