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M.A.J. Law Ltd
Registrace 16. 08. 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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Not sure if this is correct maybe someone can clarify it, what I understand is hemp is not classed as cannabis till it has a reading 03mg of THC, the drug test kits the police use register a fail at 02mg 🤦♂️ how does that make sense 🤦♂️😡 just victims 😡 this country is so crocked especially if any politicians have there fingers in the pie 🤮😡
Fuck id love to smoke a joint that lasted past 2 hours for fuck sakes plz get me that weed, even dabs couldn't last 6 hours, thats bullshit
Don’t drink and drive, smoke and fly 🤷🏻♂️
I have Nip for 57 in a 50 for temporary limit on motorway but violation of road traffic order not mentioned explain
Thanks for your information on you tube All the videos are excellent and I am hoping to speak with you soon
Great clear advise here It’s absolutely shocking though that 1. The levels can increase 2. The way some of these protocols are not adhered too & you try proving this has been the case they will have None of it ! Have you further information on this pls ?
Hi,last month was arrested for drug driving and failed roadside cannabis test. at the station tbey asked a few questions,one being had i consumed any drugs after they stopped me and i said no. Upon further reading since then,i see that is a reason for acquitall. Would i still be able to argue that i did in court (even tho i didn't and said i didnt) and be able to win the case?
So much of this assumes you actually committed the crime, what if you didn't? See, this is why people despair at getting legal advice in the UK, even your own legal representative presumes you're guilty.
My suspension for drink driving was reduced when i provided medical evidence of incontinence and bowel bruising.
Hi..Is it true that if i receive a summons to court by post it needs to arrive no less than 21 days before court date?
I have never been offered or asked permission to provide breath specimen and none of those mgdda document ever presented yet i was charged and sent to court pan in the court they lied about the facts about the incident. So i got 22 month ban. Not fair. I need your help. They never followed the paperwork procedure what now.
There's a better method to avoid a drink drive charge 🙄
DVLA is a private, for profit company. They have conned the public into 'registering' their 'vehicle'. What is the Black's Law definition of a vehicle? De register from DVLA, and stop paying tax to them. It's a con trick.Once you've de-registered, you are not liable to their 'company policies', aka Road Traffic Act, or any of the other cons
Great video. I was caught doing 42 in a 30. I had missed the signs due to poor weather and i thought it was still a 50 zone. I admitted the offence and accepted £100 fine and 3 points, submitting my details online. 3 months later I recieved a summons to court as i had allegedly failed to provide my details! They refunded my original fine took me to court and gave me £700 fine and 4 points!! Money spinning scheme and lies if you ask me. Anyone else had this happen to them?
They are only acts they want your name for contract ignore them I do the police are only a corporation lose the fear
I wish I pushed it but I knew nothing. The judge said it will cost loads and I’ll lose anyway. So basically I had to plea guilty because I couldn’t afford a retrial. The police conducted an illegal search and harassment dating back years. Can i still take them to court even after the bans up. Iv been stopped and searched a good 300 times and passed 2 drug tests and about 10 alcohol tests. due to a marker on my name for smoking a little bud.
A couple of Qs - "the Judge said it will cost......etc" not sure if a Judge/ or do you mean Magistrate can give that advice . What is it you were found 'guilty ' of , Failing a drug test ( in a station?). What specifically was 'illegal ' about the search/ where did it take place ? Does the 'Harassment' cover this action resulting in this ban? Presumably the 300+ searches predated this ban ? Have you got dates / witnesses /paperwork to confirm this figure ? When would 'the marker on your name....." have been in place from ? What was the charge 'for smoking a little bud' ? What was the 'Harassment ' & was it received before a charge for 'smoking bud' ?
It’s all just a load of old b.s the drug driving laws. I can kind of understand some drugs maybe being to dangerous to be behind the wheel. Coke, ketamine Xanax too much Valium. But I can’t understand the cannabis one. You would need to be so stoned for it to affect your driving whatsoever. In which case you probably wouldn’t want to drive the car in the first place. If you are properly stoned you won’t want to leave your house that’s how weed works.
Don’t believe a word they say.
Thanks for this good advice and well overdue video, I had a few issues prior to viewing this with the Police 'Manned' camera alleging that I was doing 37mph in a supposed '30 mph zone? apparently, its a Dual carriageway, the well-known (signage prior to now removed) was actually 40 mph, however, according to them it is now '30 MPH' How is that even enforceable? it is just a money-making racket to entrap gullible motorists, surely they need to be held accountable.
I too was issued NoIP for same thing, however I was doing 46mph on supposedly to be 40mph. Do you by any chance live in Morden and was travelling up towards St Helier hospital direction on the A297 St Helier Ave and I was done by traffic light camera at junction of Middleton Road? That dual carriage was 40mph they removed the sign sometime between Aug 2022 to May 2024 as shown on Google map. They removed the large 40mph circle sign with small rectangular sign with red background and white writing saying there is 'new 30mph speed limit in force' which can be missed because a tree branch is partially covering the signage. Also, I normally turn left at the traffic junction but this time went straight because other route had some road works which have extended my travelling time waiting the traffic.
@@kbc138 yes i'm a local lad to that Area, it is very concerning that all manner of devious money making racketeering is underway,how can they even getaway with these fraudulent activities, i mean 'C'mon, a Dual Carriageway, no-one about,driving safely with due care, just trying to get on with life, and wallop, Noip and subsequent fines, then Baillifs with the Police turn up on my doorstep, neighbours looking very nervous thinking something truly horrific had taken place, what planet are we on now? People we all need to pool our resources and step in, The world needs to step in to save us all from the real Criminals,,,The Authorities/Govt's, deep state etc.
8:12 Drunk drivers are kept in custody to sober up? The European Court of Human Rights had France ban this practice in 2011. How did the UK avoid that? The UK is under its jurisdiction. Is it still impossible for drunk drivers to be picked up at the police station by someone?
What if you’re a medical cannabis patient?
20mph school road very early on a sunday morning, how to avoid the worst if it was around 20mph over possibly less. Read about a good few of those situations.
I am in absolute fear because I was charged of failing to provide specimen. I did try to blow into the machine three times but the police officer said I didn't blow properly. I think i suggested if they could use my blood sample instead but they didn't say anything. Also, I was convicted of drink driving 2021, and I just got my linsense back a year ago. Shame on me. I have a son with sickel cell disease in Africa and he depends on my for financial support every time he is at hospital. And I provide for his upkeep. I have a son here who stays 3 nights with me so the mother could go to work and I provide for him too. Please would your firm help me to escape custody? My children are my priorities and they depend on me for support. Thank you.
What if you have a uk medical cannabis prescription?
What country?
I would just say speeding slightly above the limit is not breaking Common Law, only statutory laws, so we dont have to pay them.
🤦🏻♂️ that’s not how it works
Are these defences made in court or when responding to a conditional offer ?
Ok I’ve a question, I don’t consume Cannabis but my wife who’s disabled uses cannabis for pain management she uses a vaporiser for her delivery system, I’m constantly worried if I get stopped and swabbed am I going to show a level of THC from passive consumption where I’m in the same room as my wife while she is vaping? My wife doesn’t drive so it’s never going to be a problem for her. Kind Regards.
Thanks for the heads up Mr. Belvedere. However, you could at least mention the area or region where such laws apply when posting a video like this. Give my regards to His Majesty...or not.
There is no impairment test and that's quite unfair and ridiculous.There is no defence if they find even a minute trace of THC in your system.This country has gone mad.
What if I don’t have a prescription as I supply my own medicine but I have a cancard I’m a registered medical cannabis user
From what I've heard in the past Can card is bogus and doesn't cover you for anything. A Medicinal prescription is required through a private care provider such as MaMedica, ReLeaf, Curaleaf. Hope this helps 😊
@M.A.J Law Ltd 9:45 - WHY would the police be stopped from using calibration records? - Sorry, but I don't follow that part.
The Court, Criminal Procedure Rules and CPIA dictate when (and in what circumstances) evidence should be served. It is essential to a fair trial process that evidence be served in a timely fashion to enable you to consider it, take advice on it and, if you wish, challenge it. The CPS consistently fails to comply with its statutory disclosure obligations or directions set by the court - presumably a result of underfunding and maladministration. As a defendant, you are entitled to challenge the admissibility of evidence that is served late. What are you supposed to do with 50 pages of evidence served one week prior to trial? Is it fair to allow the CPS to rely on evidence in these circumstances? Most courts would agree that it is not. Adjournments are not appropriate in these circumstances either.
I guess I'll just keep smoking crack before driving then
If you think about it, it's an illegal drug which shouldn't have any limit. The only reason the limit is there is due to your body producing a tiny amount of THC naturally.
Its fine to rent they js dont want us to have anything cheap little scumbags
Once you start drugs its not easy to limit drugs consumption. So elimination of drugs is important. Though people who consume alcohol they behave better than other drug addict. And little consumption of alcohol will not make you addict. But other drugs do. So please differentiate between other drugs and alcohol. Drug dealers only making money and put all burden on uk government and people taxes are going to drug addict benefit and their rehsbition centre. Becsuse mostly drug addict are not doing job and burden in the society. Yes rehabition centre are good to treat drug addict but why not elimating totally drugs from the uk. Though small smount of alcohol is ok but no for other drugs. And even drug addict are involve more in serious crimes which effect people lives. Drug addict parent don't look after their kids again they are burden on uk government. Its better eliminatedrugs from uk. Those who are already drug addict they need help to come out of it through rehabiltion centre.
Cops do it All the time lol. I see cops on there cell phones on a daily basis. When there parked and suppose to be looking for speeders they are glued to there cell phones, Cops are one big joke 2024. It's our new generation,They are messed up. Cops do more illegal stuff than anyone..
Hi, What happens if the prosecution fail to provide for the second hearing CCTV footage of the breathalyser room when a test is conducted? Also, what happens if they fail to provide that and any other evidence by the required time set by the court at the first hearing? Thank you.
Failed to provide everything found two axes bb gun empty bags of drugs and various other things in my car cells for the night no comment the lot 600 quid fine and a year ban got of lucky I am 18 with a stable upbringing and alot of support
I was waiting for the bit where you say anyone who uses a phone whilst driving is a dangerous idiot who deserves everything they get and maybe people shouldn’t do it. But no, let’s see if we can all get away with it.
This video might of saved my life
No matter what we own a car so we are always in charge of it so it’s Such a bad law. My dad just got a ban for this Drunk next to his car no intentions to drive at his friends house
What is impairment and who dictates it ? The officer pull u over?
Won't they just test it in urine ?
Money making scam..
They are not designed ro catch you out, they are designed to catch you breaking the law. Simple solution: obey the road traffic laws.
Or........ don't speed.
Please contact me
Marijuana laws are retarded
Makes me hate the UK
UK, why did you let Big Brother take over and steal your freedoms?