Currently, the prosecution must prove the Defendant to be impaired to the extent that their driving standard is affected. Other offences are related to this offence and it is a separate offence to be in charge of a vehicle whilst unfit. The prosecution can and do charge Defendants with being unfit through properly prescribed medication and therefore many Defendants are able to successfully challenge the prosecution case.
There are many different ways to try and prove impairment that are employed by prosecuting authorities and as with all areas of road traffic law, the procedures are very technical and can be subject to scrutiny by defence lawyers.
Expert advice from a Solicitor should be sought when defending these cases.
Maximum: Level 5 fine and/or 6 months custody.
Must endorse and disqualify for at least 12 months.
Must disqualify for at least 2 years if offender has had 2 or more disqualifications for periods of 56 days or more in the preceding 3 years.
Must disqualify for at least 3 years if the offender has been convicted of a relevant offence in preceding 10 years.
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