---

Backlash sparks SRA drink-driving change

Solicitors in England and Wales who are convicted of drink-driving will no longer face a penalty from their regulator.

The Law Society Gazette of England and Wales says that the change comes after a backlash from the profession and accusations of double jeopardy.

The Solicitors Regulation Authority (SRA) board revealed yesterday (12 May) that it had approved a rule change at its meeting last month to stop imposing financial penalties for offences relating to drink driving, except in “exceptional circumstances”.

The Gazette says that the issue came to the fore last year after a solicitor was fined Stg £13,836 by the SRA for driving while under the influence of alcohol. The penalty was 31 times higher than that imposed by the court.

Additional fines ‘excessive’

The SRA consulted on revised guidance for decision-makers on its approach to imposing fines, which included dropping penalties for drink-driving convictions.

The papers from last month's board meeting stated that this consultation prompted “detailed and critical comments” from solicitors, firms, and their representative bodies, most of which supported the new approach.

Members of the public and individual solicitors felt that additional SRA-imposed fines could be excessive, given that the criminal-justice system had already imposed a penalty.

Warning or rebuke

A drink-drive conviction will now incur a warning or rebuke from the regulator, except in cases with serious aggravating factors, such as repeat offending.

In those cases, a referral would be made to the Solicitors Disciplinary Tribunal (SDT), which could decide whether an individual should be suspended or removed from practice.

The SRA said that its guidance would make clear that not all cases with aggravating factors would be automatically referred to the SDT.

Decision-makers will be urged to apply a similar approach to driving while under the influence of drugs.