The law related to drink driving offences and driving whilst impaired through alcohol or drugs is considered by many practitioners to be possibly one of the most complex and intricate areas of criminal law. Many say that drink driving “loopholes” are a phenomenon that were far more successful prior to the introduction of the Criminal Procedure Rules 2005/384.
These days, defence issues must be outlined so as to ensure there can be no cry of “ambush” and threats of wasted costs pursuant to “Chorley Justices”
Many of the most common defences in drink and drug related prosecutions are arguably easily identified and equally capable of being defeated providing that lawyers for both parties know their subject. Most issues are contained within the body of the legislation and the rafts of case law on this area.