We highlight the more interesting of our cases to show what we do for our clients.
This week we dealt with a few cases of failing to provide a sample. We were in the City of London Magistrates defending a motorist who had been accused of not giving a breath sample.
She admitted she had not given a sample but argued that the police had no right to ask for a sample. The police arrived at our clients private car park, they had to be let in by another resident because it was private and the gate was locked. We showed the court the area where the police asked for a sample and the court were satisfied that it was private.
We argued that our client could not have committed an offence of drink driving or drunk in charge because she was on private property and therefore when the police asked for a breath sample they could not have reasonably suspected she was guilty of an offence and there had no right to request the sample.
The district Judge agreed, the case was thrown out with an order that our clients legal costs be repaid to her.