I work at a pub and after work I usually stop for a cheeky pint or two with the locals after hours.
Unfortunately, I fell out with one of them and gave him a slap. I think he grassed me up to the Police because as I hopped on my bike to leave the car park, a police car blocked my path.
I got nicked for drink-driving as I blew 130 micrograms in the car park – and that’s the point; I never made it to the road. If I had done, I reckon they would have had me bang to rights, but they mucked up. My defence is that I was on private property, not a public road.
What do you reckon?
A level of 130 micrograms puts you in the highest bracket of the Magistrates’ Sentencing Guidelines. If found guilty, the starting point for the Court is sentencing you to 12 weeks’ custody, a driving disqualification of 29-36 months, plus costs and a fine.
There is well established law on this point. In simple terms, if the car park is a ‘public place’ and you’re riding across it, you’re drink driving.
Don’t waste the Court’s time and annoy them running this as a defence; put your hands up and try to get the most lenient sentence possible. As you could get banged up, you may qualify for Legal Aid. If not, spend some money on legal representation. It may prevent a holiday at Her Majesty’s Pleasure.
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.
About On 2 Wheels
The O2W legal column is compiled by managing partner Andrew ‘Chef’ Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with motoring offences.
White Dalton lawyers have a vast knowledge of bike law - and they have full bike licences, too. They don’t act for insurance companies or the prosecution.
White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance-appointed solicitor – get proper independent advice.