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Carl recently read an article in the Ellesmere Port Pioneer.  A disqualified driver had been caught behind the wheel nearly three times over the drink driving limit of 35ųg.

Kevin Collins of Ellesmere Port was stopped on the 22^nd January 2012 with 95ųg of alcohol in his breath.  He had originally been prosecuted at Chester, Ellesmere Port and Neston Magistrates Court due to speeding.  He had passed his driving test but acquired 6 penalty points soon afterwards and therefore his licence was revoked.  The defendant explained that he had only driven a short distance as he had to leave a party due to an argument developing.  He was disqualified from driving for a period of two years and ordered to pay costs.

Shortness of distance can succeed in avoiding disqualification where the distance driven is only a very short distance, typically no more than 40-50 yards at the most.  Shortness of distance is enshrined in statute by virtue of Section 34 of the Road Traffic Offenders Act 1988 as a special reason not to disqualify a defendant from driving.  However, it is not only the shortness of distance but it is also an intention not to drive any further.  The leading case is Chatters v Burke whereby the High Court laid down 7 criteria for a special reason to exist in respect of shortness of distance cases, which are as follows:

1. The distance driven;

2. The manner of the driving;

3. The state of the vehicle;

4. The intention of the driver about driving further;

5. The prevailing conditions of the road and traffic on it;

6. The possibility of danger by contact with other road users on the road and;

7. The reason why the vehicle was driven.

Here at Cunninghams Solicitors we have many years’ experience in dealing with drink driving cases involving shortness of distance.  If successful, you should avoid disqualification resulting from a drink driving offence.

Another case often referred to is DPP v Corcoran 1991.  In that case, the defendant had left his car outside a theatre in Bristol.  After the show and having consumed alcohol, he drove a short distance of 40 yards to a car park where he intended to leave it for the night.  There were pedestrians in the area but no other car users, and it was accepted that no danger was caused to other road users.  It was held by the Divisional Court that the shortness of distance driven coupled with the absence of any danger to the public were capable of amounting to a special reason for not imposing a mandatory disqualification on the defendant.