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Driving whilst unfit

This is often closely related to the drink driving offence as usually most people who are charged with this offence have been required to provide a specimen of breath for analysis.

driving whilst unfit 0505An offence will be committed if a person is "driving or attempting to drive whilst unfit" or "in charge while unfit." To secure a conviction the Prosecution must prove that a defendant's ability to drive properly is for the time being impaired. Impairment can be proved by evidence that a car was being driven erratically, or by a medical opinion, or if the specimen analysis shows a high alcohol content.

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On conviction for driving whilst unfit, depending on the offence and the circumstances, the sentencing guidelines recommend a minimum disqualification of twelve months, community penalties or a custodial sentence. In addition the maximum fine may be up to 150% of your weekly take home pay.

From a defence perspective, there are a number of legal, technical, medical and evidential arguments/challenges that can be advanced on your behalf, and so it is imperative that you contact us at an early stage.

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