Legal Technicality

Convicted Driver Insurance

jquirion

New Member
Hi,

I was arrested last week end and after being breathalised with .93 I have to go to Court in 10 days time. I noticed on my Summons that the Police Officers put down "White - British" under ethnicity and "North European - White" under Ethnic appearance. I am a French national, not British and I wondered whether this would annil the Summons under the Equality & Diversity Act??? Very technical question, but I hope someone out there can answer this one please?

Many thanks
 
Unfortunately this will not void any proceedings. If the Prosecution wanted to amend the details recorded then the Court would permit them to do so as the test is based on whether you have been misled or caused any prejudice. It is extremely unlikely that you could satisfy the Court that you have be misled and prejudiced by this error.

If you plead guilty you need to be aware that a ban is mandatory unless you can prove to the Court that special reasons exist that relate to the offence and not to you.


You are likely to be sentenced to a ban of 23 - 28 months from the reading that you have outlined. This presupposes that you intend to plead guilty to the offence with which you are charged. A Community Penalty is also likely to be imposed. However, if the offence is more serious in the Court's eyes they would be permitted to consider a custodial sentence.


The Court can deviate from this suggestion depending on how they view the case as a whole. Therefore it ultimately depends on how your case is presented to the Court. This is where having a Solicitor can minimise the damage to your driving licence and achieve a shorter ban.


Should you require a Solicitor it is important to instruct one as early as possible. Drink Driving law is a highly specialised area of law. As such, you are best to seek the services of an expert motoring lawyer in order to maximise your prospects of success. This is particularly so if a ban would result in you losing your job or would impact on your livelihood. A conviction would also be a criminal one.


Whilst you may be able to use a duty solicitor at Court, their services are not guaranteed. Furthermore, if you are lucky enough to speak to one you may only get 5 - 10 minutes at most and you will have no control over the skill or expertise of the duty solicitor at Court that day.


The police frequently make errors in the procedure, either at the road side or at the police station. We have dealt with situations like yours before with success and are able to offer advice on whether the procedure was followed correctly with a view to persuading the Court to rule you breath sample as inadmissible.


We offer 2 levels of service to people who are considering challenging the case against them:


(1) A written opinion on your prospects of success and the defences that can and should be run in your case. This is often used by people who would like to represent themselves or who would like the benefit of our expertise and intend to use a less experienced and cheaper solicitor.


(2) Full representation to trial. If you were successful you would be entitled to reimbursement of your legal fees paid subject to taxation.
If you wanted to proceed further then we would invite you to contact us in order to discuss matters further.


If you require our assistance please do not hesitate to telephone us.
 
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