Driver acquitted following CPS disclosure failures

Following an allegation of drink driving, our client, a pharmacist, was arrested and required to
provide a specimen of breath on the intoxilyser. After failing to provide a satisfactory breath
specimen, he was accused of failing to provide a specimen for analysis. His case was that because of
breathing difficulties, he was unable to do so. Due to a previous similar conviction, he was at risk of a
minimum three year ban if convicted again.

At the trial, at Birmingham Magistrates’’ Court, we were able to demonstrate that the prosecution
had failed to comply with the rules for disclosure and had failed to disclose a number of key
documents which may have been relevant. The Prosecution had also failed to comply with Directions
made by the Court at an earlier hearing. In addition, the Police had failed to respond to a defence
request for the Custody Record. This potentially contained information which may have undermined
the prosecution or strengthened the defence case.

We then successfully opposed the Prosecution application to adjourn for more time to prepare their
case. As a result, our client was acquitted.

Had he been convicted, his career would have been seriously jeopardized and he would have faced a
driving ban of at least three years, as well as the risk of a prison sentence.

This case illustrates yet again the importance of legal advice from a specialist lawyer for any
driver faced with a drink or drug driving allegation.

This will ensure that any possible defences or mitigating factors are properly explored and may
reduce or even – as in this case – lead to acquittal.


Contact Richard Silver, Specialist Road Traffic Defence Lawyer today

Richard Silver is an expert motoring lawyer, with almost thirty years’ experience in drink driving cases. If you have a defence, he’ll find it. If not, he’ll concentrate on damage limitation. Contact Richard Silver today.

Richard Silver CTA Call us on 0808 231 3908