Alcohol Abstinence and Monitoring Requirements have now been rolled out across the country and can be imposed by any court making a Community Order or Suspended Sentence Order providing the Secretary of State has notified the court that facilities exist in their area to implement the requirement.
Before a court can impose the requirement it must be satisfied that the following four conditions are met:
- Consumption of alcohol by the offender is an element of the offence before the court OR consumption of alcohol by the offender was a factor that contributed to the commission of the offence.
- The defendant must not be dependent upon alcohol.
- If the court imposes an alcohol treatment requirement it must not impose an Alcohol Abstinence and Monitoring Requirement as well.
- The court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified are available in the local justice area.
Therefore, it is important that any issues like this are raised with the court before the requirement is imposed.
If you are facing court and would like advice on this or any other aspect of motoring law then do not hesitate to contact Nick Diable at London Drink Driving Solicitor on 020 8242 4440.