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M.A.J. Law Ltd
เข้าร่วมเมื่อ 16 ส.ค. 2016
M.A.J. Law are a leading motoring defence practice, based in Cheshire. We represent clients across England and Wales charged with criminal motoring offences, such as Drink Driving, Drug Driving and Speeding.
For more information, or to request a call back to discuss your case, please visit our website: www.majlaw.co.uk
Email: conor@majlaw.co.uk
Telephone: 01514228020
Direct Mobile: 07810804464
For more information, or to request a call back to discuss your case, please visit our website: www.majlaw.co.uk
Email: conor@majlaw.co.uk
Telephone: 01514228020
Direct Mobile: 07810804464
What Happens When You Get Caught Drink Driving
Website: www.majlaw.co.uk
Phone: 0151 422 8020
In this video, we talk about what happens if you're charged with drink driving, what to expect at the police station, and then what happens when the case goes to court. .
Police Station Procedure
First of all, you're normally checked in at the custody desk with the custody sergeant. You'll carry out a short risk assessment because the sergeant is in charge of your care, your safety and your well-being and he needs to know that you're safe and well enough to be detained. There may also be some mental health questions that he asks you. Once that process is complete, they're probably going to want to breath test you fairly quickly - drunk driving offences are time sensitive and the police realise this, so they're going to want to get you on the breath machine as quickly as possible. The police are going to want the highest breath reading, and the easiest way to get the highest breath reading is to fast track because alcohol levels are going to drop and reduce over time.
Before you blow into the machine, have a think about whether you recall the police officer going through any paperwork or asking you any questions. It normally involves a police officer completing what is usually a 20-to-25-page booklet with you in the breath test room known as the MGDDA document. There are also various requirements that they have to give you as well. Did the police formally and legally require you to provide a sample of breath, or did he just tell you that you had to give a sample of breath? Did they make it sound optional? What did they say would happen if he didn't provide a sample? They'll sometimes try and make it sound a lot worse. If you refuse to give a sample of breath in police custody, were there any options of blood or urine in certain circumstances? Was the mouthpiece replaced on the device? Do you remember the machine making any funny noises? Did you clock the sticker on the machine that might have shown the last calibration date or service date? Would the officer have made any passing comments about the machine not working properly recently? All of this matters in a drink driving case, because that breath reading (at least for the prosecution) is some of the most important evidence, if not the most important evidence that they can gather against you in a drink driving case.
The Court Case
If the police don't do their job properly and stick to their own rules, then they shouldn't be entitled to achieve a conviction in a courtroom. They shouldn't be allowed to use evidence which has been gathered as part of that investigation. So why is it so important to get a solicitor?
There are different types of solicitors that can attend court to represent clients. You can even employ a barrister through direct access to come to court with you on that court date. Because of how technical drink driving cases can potentially be, make sure that whenever you instruct a solicitor, the solicitor is well versed in dealing with this area of law, has a proven track record in defending cases like these, and ultimately knows what to say and how to handle a case on that court date and make sure you get support. Also, make sure you get a mobile number for the solicitor that's acting for you. There's nothing worse than employing a solicitor and you never hear from them again.
I hope I've answered some questions about what to expect if you are charged with drink driving. It's impossible in a single video to talk about what will happen in every drink driving case because every case is different and every case is handled in a slightly different way. If you have got any questions about the situation that you find yourself in, then please get in touch. All our initial advice is completely free of charge and you'll find our contact details on our website.
Phone: 0151 422 8020
In this video, we talk about what happens if you're charged with drink driving, what to expect at the police station, and then what happens when the case goes to court. .
Police Station Procedure
First of all, you're normally checked in at the custody desk with the custody sergeant. You'll carry out a short risk assessment because the sergeant is in charge of your care, your safety and your well-being and he needs to know that you're safe and well enough to be detained. There may also be some mental health questions that he asks you. Once that process is complete, they're probably going to want to breath test you fairly quickly - drunk driving offences are time sensitive and the police realise this, so they're going to want to get you on the breath machine as quickly as possible. The police are going to want the highest breath reading, and the easiest way to get the highest breath reading is to fast track because alcohol levels are going to drop and reduce over time.
Before you blow into the machine, have a think about whether you recall the police officer going through any paperwork or asking you any questions. It normally involves a police officer completing what is usually a 20-to-25-page booklet with you in the breath test room known as the MGDDA document. There are also various requirements that they have to give you as well. Did the police formally and legally require you to provide a sample of breath, or did he just tell you that you had to give a sample of breath? Did they make it sound optional? What did they say would happen if he didn't provide a sample? They'll sometimes try and make it sound a lot worse. If you refuse to give a sample of breath in police custody, were there any options of blood or urine in certain circumstances? Was the mouthpiece replaced on the device? Do you remember the machine making any funny noises? Did you clock the sticker on the machine that might have shown the last calibration date or service date? Would the officer have made any passing comments about the machine not working properly recently? All of this matters in a drink driving case, because that breath reading (at least for the prosecution) is some of the most important evidence, if not the most important evidence that they can gather against you in a drink driving case.
The Court Case
If the police don't do their job properly and stick to their own rules, then they shouldn't be entitled to achieve a conviction in a courtroom. They shouldn't be allowed to use evidence which has been gathered as part of that investigation. So why is it so important to get a solicitor?
There are different types of solicitors that can attend court to represent clients. You can even employ a barrister through direct access to come to court with you on that court date. Because of how technical drink driving cases can potentially be, make sure that whenever you instruct a solicitor, the solicitor is well versed in dealing with this area of law, has a proven track record in defending cases like these, and ultimately knows what to say and how to handle a case on that court date and make sure you get support. Also, make sure you get a mobile number for the solicitor that's acting for you. There's nothing worse than employing a solicitor and you never hear from them again.
I hope I've answered some questions about what to expect if you are charged with drink driving. It's impossible in a single video to talk about what will happen in every drink driving case because every case is different and every case is handled in a slightly different way. If you have got any questions about the situation that you find yourself in, then please get in touch. All our initial advice is completely free of charge and you'll find our contact details on our website.
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If a driver is stopped by an officer for speeding, only a verbal NIP is required. If it is a camera then the NIP must be sent to the registered keeper is within 14 days, not the driver. Then there is a statutory period for the serving of a summons within 6 months.
Get caught speeding.... pay the fine and don't do it again. A child hit by a car doing 40mph has a 0% chance of surviving. Speeders, like this solicitor, are the lowest of the low.
Shut up
A very emotive and simplistic argument that only works where children are evidently at risk from an irresponsible driver. As anyone with a logical and rational brain knows most cameras are sited and/or operate at times where there is no such risk. As for your last comment, that's like me saying - People like you who demand authoritarian government are the lowest of the low. Do you really think the government are motivated by child safety?
There is no crime, for there to be a crime the must be a victim. The crime is entrapment. For financial gain. It's also a trust action, but lawyers won't tell you that. Your not guilty it's a bunch of gangsters enforcing the lie through fear.
This is correct in principle but only in the unlikely event you aren't actually intoxicated when you refuse to give the specimen. If you've been pulled over and asked to provide its already likely that there is sufficient evidence to suspect the offence, and refusal means other evidence is used, slurred or incoherant speech, the smell of alcohol, erratic driving , body worn camera evidence all of which would have to be presented to a jury at crown court and weighed against medical reasons for failure to provide. Very risky and costly if you lose the case.
COMMON LAW - the Law of the Land means cause no loss or damage so what, don't accept this corporate piracy. You will though have to pay damages for the car and people hurt. It's why drivers need to start a non profit cheap insurance company.
Acts are not laws: demonstrate to me that acts are law if there is no acceptance ... in short, they are not !
Just remove any signs, take photographs of the scene, have them date verified eg by a notary and then ignore all letters for 6 months ...
A 53 years of driving my advice is don't speed, the signs are not target numbers, you should always drive under the required speed, If in doubt if no signage stay at 28/29 mph, SPEED KILLS,
Why on earth would you support arbitrary limits based on the performance of vehicles in the 1960’s compared to today?, and the use of common sense and driving ability? Bet you wore a mask outdoors on your own too eh?
Criminal? debatable if it’s criminal. It’s breaking policy, hardly criminal.
Some people are easy to prosecute. They will pick the cherries.
All you clowns speeding only have yourself to blame, you idiots make councils 1.6 billion a year, that's over £200,000 per hour..😂 keep it up, this Buffoon with his stick on comedy moustache isn't gonna help you 😂
The law requires that you must nominate the driver. The law requires that you must not lie: *Who was driving?* _Dear chief constable; I HAVE NO RECOLLECTION OF DRIVING THE CAR ON THAT DATE - _*_BUT_*_ - I am prepared to admit it was me who was driving and pay the fine or attend the speed awareness course to dispose of the matter_ .... This gives the police a major problem: If they accept this and issue the fine, THEY are "perverting the course of justice" .... And they cannot say you wilfully didn't tell them who was driving!!! When the letters back and forth start: _Of course I would tell you who was driving if I knew - but as I have stated I HAVE NO RECOLLECTION OF DRIVING THE CAR ON THAT DATE but am prepared to admit it was me to dispose of the matter.... Essentially if the police accept this, then they understand and accept that it may not have been you driving at all - so they can't, can they? So they then have to prove (without your admission) that you were driving when you go to court and tell the bench I HAVE NO RECOLLECTION OF DRIVING THE CAR ON THAT DATE - *BUT* - I have always been prepared to say it was me who was driving and pay the fine or attend the speed awareness course to dispose of the matter_ .... Do they convict and risk a miscarriage without other evidence? The "You must confess" has a large problem with this, doesn't it?
Just seek the nature of the jurisdiction the police are operating under, they can't tell you commercial. They use Ens - Legis wgich are artificial "persons" or "non de plume" commercial fictions, its not you they are scammers. Juat claim executor, living man or executrix , living woman separate the private from the public, its all theatre, this clown is deceiving all! Knowledge to learn: all crime civil or criminal are CIVIL IN NATURE!, COMMERCIAL CRIMES/OFFENSES, TIP: LEARN CIVICS. A charge is a lien and is placed on the fiction - public not the private living man or woman
Just seek the nature of the jurisdiction the police are operating under, they can't tell you commercial. They use Ens - Legis wgich are artificial "persons" or "non de plume" commercial fictions, its not you they are scammers. Juat claim executor, living man or executrix , living woman separate the private from the public, its all theatre, this clown is deceiving all! Knowledge to learn: all crime civil or criminal are CIVIL IN NATURE!, COMMERCIAL CRIMES/OFFENSES, TIP: LEARN CIVICS..
Speed limits do not necessarily require repeater signs! They are only used when a limit does not conform. Eg. 30 limits should always have street lighting. That's the main way to tell what the limit is. But many lit areas have other limits, 20,40 50,60. In those cases repeater signs are required to let you know it's NOT 30. Similarly, an unlit 30 limit would require repeater signs. You also failed to mention that camera vans can only operate on designated roads, ie those with fixed camera warning signs. If you return to the scen and nowhere on that road it's a sign, you can contest the charge. Signs are placed due to the human rights act.
even easier,,, just ask them what kind of contract is the road traffic act,, when and where was the contract established,, who is the executor, lastly who is the beneficiary of the said contract,, challenge every thing as you are not a slave, contract law is trade and commers, under the Uniform commercial code, learn it and use it , i win every time,,, good look to them who try.
How does this apply for HGV drivers though? There is no definitive answer with regards to employees and drug testing etc? I know DVLA have no issues. If I did start using it I wouldn’t use whilst on shift, same as I wouldn’t use diazepam, amitriptyline or pregabalin whilst on shift. Any help would be appreciated as the internet isn’t exactly that helpful. 😊
How does this apply for HGV drivers though? There is no definitive answer with regards to employees and drug testing etc? I know DVLA have no issues. If I did start using it I wouldn’t use whilst on shift, same as I wouldn’t use diazepam, amitriptyline or pregabalin whilst on shift. Any help would be appreciated as the internet isn’t exactly that helpful. 😊
Obviously, not California or America 😂
Fourteen days you would be lucky . Any way this government can get money of people they’ll be straight on your back
It’s absolutely pointless trying to defend a drug drive unless you have big money to throw at solicitors and even then you are more than likely going to get convicted. A solicitor on legal aid will simply advise you to plead guilty because they aren’t skilled enough /too frightened to argue it. A few years ago I had one who told me he could only help me if I pleaded guilty. He then sat in the back of the court and watched me tell the judge I didn’t agree and of course it was adjourned for a few weeks where I wasn’t disqualified. Why the useless solicitor couldn’t do that I don’t know. Infact I do know. He works for the courts.
Awesome 👌
Is speeding a 'criminal' offence or motoring offence?? 🤔🤔
Why contest it you speed you get caught. Man up and pay the fine
Its discusting i got banned for 12 months i was not even high driving i was just iver the limit . Not fair! And fined
Subscribed!
I know some people can drive high and be unaffected by it. I myself am a daily cannabis user. I cannot drive high. I get paranoid, everything grabs my attention, I can't focus on the road and I start making mistakes that put me and other motorists around me in danger. I certainly cannot be the only person out there who gets that way when they try and operate a motor vehicle under the influence of THC. It's one of those things that is dangerous for enough people that it has to be illegal for all people. Since there's no way of determining who the people can and can't are, it has to be viewed from the perspective that nobody can.
Legal limit for cannabis is under 2ug of THC in you system, the hemp plant is not classed as marijuana until it has a THC content of 3ug as I understand, how can that be 🤔 all other drugs like herion, cocaine, mdma, all the hard drugs have a much high ug limit in you blood than cannabis how can that be allowed it’s totally wrong, and makes no sense at all 🤦♂️😡 not doubt the pharmaceutical companies are behind it 😡
If you don't sign the form that they send there has just been a case in Mold Wales then the court cannot act on the claim.
The named person will simply be done for failing to furnish, of course the court can act on it. Not signing IS the case.
@Audit-The-Auditors The judge ruled he could not act on the unsigned document whatever way they go about their corruption it don't take away that alleged judges statement.
Signing their form means you agree to enter into their contract...... never sign anything.
Hi.. I was sent 2 NIP's for driving at 24mph for 4 seconds and 2 seconds on a 20mph road.... Can this be appealed in court for dismissal under the 10%+2mph guidelines ??
24 is 10% + 2.
@Audit-The-Auditors sorry dint follow... Can this be appealed in court ??
I used you guys in the past. Paid you 3k. Contacted you recently over a speeding fine. No reply. Free advice. ! Well I’ve recommended you to many people but I won’t be from now on as you indicated I wasn’t worth you time to money.
George Michael son?
didnt get me of cost me a fair bit though
please please do you have any legal advice? i was pulled twice for drug driving once for cannabis and the other for cannabis and cocaine. last month they arrested me and then released me took me back to my car yet to be sent the letter of how much over the limit then on thursday last week i’ve crashed into a parked car ( no one inside) because i walked back towards my nans they also classed it as a failure to stop at RTC. And my drug swab was cannabis and cocaine,they said on the morning i should’ve been remanded sent to court and sent to jail i can’t sleep thinking that i could get sent to jail please what do you advise
I just got a 3 year driving ban. That benzo is unfair. Cocaine is stimulant, I had a few lines on a Saturday night, had 2 nights sleep, and on the Monday I got pulled over for not wearing a seatbelt, the OB thought it was an excuse to swab me, and it did give a faint positive……they nicked me and done a blood sample……my sample came back 0% cocaine, but gave a high benzo percentage…….bare in mind the high of cocaine lasts maybe max 1 hour, plus I had to full nights sleep, which isn’t possible if your sniffing coke…….benzo stays in your system for up to 5 days……yet you are not under the influence of the coke high after this amount of time…….it’s an absolute joke…….I never even heard of this benzo thing until now, and it’s unfair…..granted if I was sniffing coke that day then I put my hands up, but to punish someone and pretty much ruining their life, for something that isn’t even a narcotic (benzo) is the typical British legal system…….I would never drive knowingly under the influence. This benzo is a byproduct of having taken cocaine within the last 5 days……my career and my life is on hold because of this. They need to change this law to if you have a POSITIVE cocaine reading (like alcohol) then your guilty, if you have some byproduct of the drug, but zero cocaine in your blood sample, then surely this means your not under the influence. Example; if I had Covid, when it was the big hype, I could have gone out after 3 days (and this was an apparent global pandemic) yet if I have a bit of powder, even though the effects have worn off after 3 hours……I apparently am unable to do any daily routine for 5 days……….these idiots who make these laws are the criminals……and the ones that pass these laws are all guilty of kiddy fiddling, that’s why when that goes to court they get leniency. Rant over…….if the solicitor who made this video reads this, please comment on this post
Don’t listen to this guy, he has no idea
is it still an offence if you fill in the form with the drivers details but dont sign,i heard it is the law that you have to fill in driver details but you are not admitting it until you sign the form
That is indeed true .
What are these parasites going to do about those who use their watch as a phone?
All the people I catch on their phone all deny it. Once the helmet camera footage is played in court they all fold. Its fkn hilarious.
BTW if you do go to court, if your guilt the judge could give you the max fine plus all court costs.
Thank you for this video, very informative and helpful I shall instruct you once if I’m charged to help me with my case 👍🏽
Imagine that turning up in court to represent you.
Going to prison for riding e scooter ?! Governments is just childish legalize them
Thank you for this video because thinking about it I deep down know I was never given a statutory warning and also I was asked the mgdd/b question after my blood sample at hospital but they only asked me maximum 10 questions… most definitely will be getting you and the M.A.J team to help with my case 1000% keep up the great work 👍🏽😀
What happens if the medical professional advises blood shouldn't be taken after medical exam and then the officer requests a urine specimen alternative. If the defendant does not consent to urine test and is charged with failing to provide a urine sample is there still a defence?
I want to know if I am legally driven if I use a cannabis for sleeping?
I get that but a lot of peoples tolerance like if snoop smoked a 1 g joint and got in the car. He wouldn’t even feel it. I have to smoke with 3 g to get high. Otherwise I’m just buzzed.
How about not using a handheld mobile phone while driving you clown.
What country is this for ?
Narnia.
For Gods sake man can you not tell he is talking English and the forms he shows are specifically British.
Calibration is not a confition of type approval. There are not 'strict rules'.