Drink Driving Case Studies

Case Study 1
Manchester City Magistrates’ Court

Our client was arrested for drink driving and charged with failing to provide a sample of blood. Due to a needle phobia, he was unable to give a blood sample. At Trial, and under our strenuous cross examination, the breathalyser operator was unable to give a satisfactory explanation as to why he had not requested a sample of breath rather than a sample of blood. He also failed to state that he had given the statutory warning relating to failure to provide a specimen.

By demonstrating that correct procedures had not been followed by the police, we were able to establish that there was no case to answer. The Magistrates therefore dismissed the charge and our client’s legal costs were refunded by the Court. He would have faced an inevitable disqualification if convicted and that would have meant the loss of his Job.

Case Study 2
Stockport Magistrates’ Court

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Following an argument with his partner at a party, our client, who had been drinking heavily and intended to stay over, decided to sleep in his car overnight. As it was a very cold night, he left the engine running to provide heat. His partner reported him to the police and he was arrested for being drunk in charge of a vehicle.

By obtaining meteorological evidence, we were able tosupport our client’s case that the engine was running to provide heat and not because he was about to drive. Also, by obtaining expert forensic evidence, we were able to demonstrate that by the time he intended to drive he would have been under the legal limit. As a result he was acquitted. His legal costs were met by legal aid.

Our client was a long-distance lorry driver. Had he been convicted, he would have lost his job and been unable to pay his mortgage.

Case Study 3
Manchester City Magistrates’ Court

Our client was arrested for drink driving and placed in a cell. Later he was charged with refusing to provide a breath sample. He couldn’t understand why he had been charged, as he had been happy to give a sample and had no recollection of being asked for one.

The police claimed that he had been asked and made no reply.

As part of our case preparation, we examined his custody record. There we found that our client’s hearing aid had been taken off him by the police. Once we raised this, the Prosecution had no option but to drop the case and our client was acquitted.

Our client was a bus driver. Had he been convicted, he would have lost his job.

Case Study 4
Bradford Crown Court

Our client was stopped for drink driving and provided a blood specimen.

When blood has been taken, the Police Doctor or Nurse is supposed to divide the sample in two and offer one portion to the driver for independent analysis. Our client had no recollection of this being done. When we checked the papers, we discovered that the Police had forgotten to follow the correct procedure. The Prosecution claimed that this didn’t matter and he was convicted at Halifax Magistrates’ Court

However, on Appeal to the Crown Court, the Judge agreed with our legal submissions and our client was cleared. His case was fully funded by legal aid.

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