I have been accused of a road traffic offence. Do I need a lawyer?

There is no legal requirement to engage the services of a lawyer if you face prosecution for a road traffic offence. If you have been accused of an offence for which the only penalty you face is a fine (so that there is no risk of loss of driving licence) then you might reasonably consider whether the cost of instructing a lawyer outweighs the potential advantages. However, if you face an allegation of committing an offence which is endorsable with penalty points, potentially, you are at risk of a driving disqualification. In such cases, you should consider your options carefully as specialist advice can sometimes completely change your perceptions. I was once telephoned by a man who said he had already pleaded ‘guilty’ to a road traffic offence. This is his tale.


The Tale: Drunk in Charge?

Drugs and Drink Driving penalties - ShenSmith BarristersHe rang me saying that he had had a row with his girlfriend and gone to his car with a bottle of vodka to drown his sorrows. He drank the bottle of vodka in the car. The car was in the car park to the flats where they lived. He fell asleep in the car. He was awakened by rapping on the window. It was a police officer. The car door was opened and he fell out onto the car park. It transpired that he was well over the alcohol limit. He was charged with being ‘drunk in charge’ because he had been in charge of the vehicle in that he was in the vehicle and had the car keys in his possession, and, he had been over the alcohol limit. He said he had been charged and pleaded ‘guilty’ as he had no defence.

The Defence

I enquired as to whether he would have driven the car had he not been arrested. He responded that he would not have done so as he was going to return to his flat but only once his girlfriend had calmed down in the morning. I advised him that if he could have proven that he was not going to drive whilst over the limit that he would have been acquitted as an intention not to drive amounts to a defence to the charge (although the burden of proving the defence rests with the defendant as no one else would necessarily have known his intentions). This took the man by surprise. He told me that he had told the police that he did not intend to drive and that he had not thought they would have charged him if that had amounted to a defence.

The Consequences

Practice Areas - ShenSmith BarristersThe moral of the story is that one should always research carefully to see if there are any legitimate defences which one can properly use. Road traffic law can be complex especially for the lay person. There are situations where, to the ordinary motorist, it might seem that he has been caught red handed and that there is no point in seeking a consultation with a road traffic lawyer. However, this tale illustrates why it can be prudent to seek advice before pleading ‘guilty’ with all the adverse consequences that follow on from that. We will never know how many motorists have entered ‘guilty’ pleas to ‘get it over and done with’ or because they understood that they had no defence when in fact they could have contested their cases and saved their driving licences. Remember, the consequences of a conviction for a drink-drive related offence include a criminal record and very probably higher insurance premiums for years to come.

If you are not sure whether you have a defence to an allegation of having committed a road traffic offence please do contact ShenSmith Barristers.