Drink driving
Drink driving law is more complex than many appreciate One thing I have found since specialising in motoring law is that it is an area that is poorly understood by many people, criminal lawyers and judges included. I have heard comments from fellow solicitors that include, “I don’t need any papers to advise him about his case, it’s only drink driving.” And, “there are no defences to drink driving.” Most worryingly I’ve heard more than one court legal adviser tell their magistrates that “it is impossible to avoid a driving ban following a drink driving conviction.” None of these things are true and I hope, through a series of blog posts, to give a brief glimpse into the law of motor vehicles and alcohol. In this first post I think it’s worth spelling out exactly what drink driving is and what needs to be proven to secure a conviction. The first thing to know is that there are two different types of drink driving and they require the prosecution to pro...
Ha ha. Brilliant.
ReplyDeletewhat about no penalty ie fine or prison imposed without a hearing
ReplyDeleteTwo things, first I think that's contained in the 1297 version rather than the one signed by King John in Runnymede that is usually cited. While it is technically still in force, it lacks any real bite today partly because it was only ever intended to grant protections to the Barons rather than to the common man and because it is actually pretty vague. Secondly, that clause requires no punishment to be imposed "... but by lawful judgment of his Peers, or by the Law of the Land." The Justices of the Peace Act 1361 also provides that punishment shall be administered only in accordance with the law. The far more recent and enforceable European Convention on Human Rights, as enacted by the Human Rights Act 1998 provides far stronger protections in Articles 4, 5, 6, 7 , 8, 9, 10 and 11 than any version of Magna Carta or the JPA 1361 grants.
DeleteAlso, this may be a crass point but if you rely on the HRA in court nobody will laugh at you. Although, in my experience you should bring a pile of textbooks that you can lend to the judge because they often seem unfamiliar with the whole thing.
But Forest Law is so important. I need to collect firewood for my woodburner and not have my ears chopped off for disturbing the King's deer!
ReplyDeleteHi Linda. Yes I am a fuckwit and would like to buy some of your made-up bollocks. Shall I send you all my personal and financial details now, or would you prefer to reel me in a bit with your so convincing gobshite? D
ReplyDelete