Drinking Age

Graham Walker asked:


Drink Driving -Procedure

Drink driving is a complex and serious area of law therefore we offer FREE online advice in relation to such cases. Accused of being a Drink/driver then ask us about your own case right now! People can and do, go to prison for committing this offence therefore we strongly urge you to seek legal representation as soon as possible.

The procedure normally starts with the police pulling your car over for a check or after you have been involved in a road traffic accident. You can pretty well always exact to be breathalysed if you have been in any road traffic accident around Christmas time.

You will first be tested with the handheld intoximeter device. Although the reading from this machine will not be used in evidence if you fail then the next stop will be the police office. you will be brought before the police station duty officer and the officer will be informed that you are suspected of drink driving and the EC/IR Intoximeter device will require to be used. You will then be taken to the “Intoximeter” room where the breath analysis will be taken. You will be shown the machine and asked to blow into the device. (It surprises most people that you require to blow for several seconds and blowing consistently can seem difficult”

If you fail then you will be given a copy of the print out. It looks like a till receipt. you should keep this. You may then be kept in custody until the duty officer deems you fit to drive. Normally the next day before you are released from the police station and often a further intoximeter test is done before you leave the office.

The police will give you a “Pink form” called a “Bail Undertaking” this provides a date and time for you to attend at your local court where your case will call for the first time.

When you attend court a duty solicitor will be present and he/she should have a few minutes with you prior to your court appearance. We would strongly advise you to seek out the services of a solicitor BEFORE you attend court. Needless to say we suggest you contact us or another firm of specialist road traffic lawyers.

A duty solicitor will be at court however he/she is there for people who cannot afford a solicitor and will require Legal Aid. You will most likely discover that you do not qualify for Legal Aid.

In busy courts such as Glasgow there can easily be up to 150 people appearing in the same court on that day and the duty solicitor will have approx. 1 hour to see the majority of them. it is therefore very important that you consider contacting a road traffic lawyer as soon as possible.

When your case is called you will go forward to the “dock” and the clerk of court will ask you to confirm your name and address. If you have a lawyer he/she will tender the plea at this stage. If a guilty plea is tendered you can expect to be disqualified for at least 1 year and if you have been been convicted of a similar offence in the past 10 years then expect to be disqualified for 3 years minimum.

If you plead Not Guilty the court will set dates for a Trial and an Intermediate Diet (Formal court appearance to check case is prepared) You must then return to court on both of these dates.

Your solicitor will then obtain a list of witnesses from the Procurator fiscal and start to prepare your defence. you should contact your solicitor at least two weeks prior to the Intermediate diet to go over the case preparations and discuss your case again. If your case involves a report from an expert such as a forensic toxicologist then you may incur added expense and should liase with your solicitor regarding same from the outset of your case to ensure that he/she is provided with all the information that is required.



Martin

Michael Challiner asked:


If you are caught drinking and driving you will get a Driving Under the Influence conviction (DUI). A DUI will affect your car insurance which any people are unaware of. Initially your premiums will probably increase substantially and later your policy may well be cancelled when it expires. If you don’t have insurance when you are convicted you will struggle to get any cover in the future.

There are more affects of this conviction one of which is the SR-22 which will be explained and there are some tips offered that may help secure car insurance after a DUI.

An SR-22 – what it is.



If you are caught and convicted of a DUI you will be required to file an SR-22 which is simply a statement that proves you have suitable insurance cover. Once this is filed any suspended driving licenses are given back.

It is a legal requirement in most areas that drivers with a DUI conviction report this with an SR-22 to their local Department of Motor Vehicles (DMV)

There are policies offered from some insurers with high premiums for SR-22(‘high risk’) drivers but some will not insure them at all and immediately cancel policies when they expire.

Staying Below the Radar.

There seems to be a lack of communication between some court systems and some DMV’s. All DUI’s should be reported to the DMV within the jurisdiction of the court

involved but, this does not always happen meaning a driver might avoid filing an SR-22 and ‘slip through the net’. In this situation the insurers may be oblivious to the offence. It can happen a lot but if the insurers find out, even years later, they will increase premiums.

Re-insure whilst still Insured.



It can be easier to get insured if you have a DUI conviction if you are already insured. Many people wait for their insurance to finish before shopping around to replace it. If your policy is being cancelled by your insurer you can assume that they know about the conviction, in which case you should assume others may well also find out. So look before your current policy runs out and shop around smaller, independent brokers as well as the larger ones.

Forward Planning.



A DUI conviction is not what anyone wants on their record but neither is it the end of the world. It will, inevitably, affect your ability to get insurance and cost you more in premiums - perhaps a small price to pay. You will have to shop around more than normal and will find that you will be offered far less policies than previously because of your ‘high risk’ label. Driving without cover is just not an option and could lead to prison sentences, weighty penalties and greater costs.

A conviction of this kind will stay on your record for 10 years but car insurance companies are likely to use it against your premiums for around 3 years, some are less. You need to optimise what is available and how you can help yourself so that you can move on.



Virginia