Many people believe that once caught with a Drink Drive offence (or PCA) there is
little to nothing that can be done to reduce or minimise the penalty.
This is often not the case, even though there may be mandatory penalty provisions
that apply.
The penalties for Drink Driving are severe and include gaol for all but driving
with the low or novice range of offences. In all cases there is an automatic period of disqualification and for High and Mid Range offences unlimited maximum periods.
Even though there are minimum disqualification periods applicable, whether or not
the Courts impose the minimum is a matter to be decided in each individual case.
There are a number of circumstances in which it is possible to argue:
- To backdate the disqualification to the date of the offence, as opposed to a
date of sentence which could be several weeks later. - That there may be grounds to reduce the charge from Mid Range to Low Range or
High Range to Mid Range. - The charge itself can be defended on the basis that you did not have the level
of alcohol in your system at the time of driving. - That the test was otherwise improper or illegally obtained.
Drink Driving offences are rightly to be taken very seriously, and King Cain does not
condone Drink Driving. However people can and do make genuine mistakes and every individual is entitled to know their legal rights.