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Posts Tagged ‘drink driving defences’

Not happy with your solicitor? Changing solicitors was the best thing our client did!

We have never had a client go to another solicitors after they have instructed us and we are rightly proud of that record.

 

Very few firms can say that. We know that because we get a lot of clients who have initially gone elsewhere but then ask to change to us because they are not happy with the service.

 

It’s fair to say we have had clients come to us from most major drink driving firms. One in particular loses a lot of clients because their service does not appear to live up to the promises they make.

 

Over the last few months we have a couple of clients come to us from a high profile firm. We don’t ever talk about celebrity clients but we know that some firms do and it is easy to believe that they because of this they always do a good job.

 

When we saw the papers two things astonished us, firstly the huge fees this client had paid and secondly that this firm had ran the defence at the magistrates court and had not spotted an obvious error.

 

We spoke to the client and explained that apart from the very convoluted and expensive defence  that the other firm had been running there was an obvious defence.

 

We took over the appeal and the case was thrown out without him even having to give evidence. Needless to say he was delighted and a long stressful episode was finally over for him and he could put the trauma behind him.

 

 

Terrified Drink Driver found Not Guilty.

We get a lot of difficult cases here, in terms of the technical difficulties involved but also because the story behind them can be so sad.

 

A recent case had both of these.

 

A client was charged with drink driving, she had been subjected to domestic abuse for a number of years. On this occasion she was assaulted by her partner after having had a drink. Terrified as to the consequences if she stayed she ran out of the house and jumped in her car to drive off to safety.

 

She was stopped very shortly after by the police that had been called for her protection. She was breathalised and was over the limit.

 

At trial we argued that she only drove because of an emergency and that she was under duress.

 

As you might imagine the court are very reluctant to find people not guilty on this basis. We needed to show that she had no alternative but to drive and importantly that she did not drive any further than she needed to. There are a lot of cases on this point and they all say to be found not guilty of drink driving you cannot drive any further than you need to. In a classic case (DPP V Tomkinson) the court decided, perhaps not surprisingly, that driving 72 miles to get away from someone was not reasonable.

 

We get asked about these sort of cases often and we will always give an honest appraisal of the chances of winning. Some cases are never going to be strong enough and we know that clients appreciate our honest views rather than simply running with every case so that we can increase our fees. In fact we turn away more cases than we take on.

 

We knew this one would be difficult but it had a lot of positive features. With our experience in these sort of cases and a combination of excellent case preparation and good skills in court by the barrister our client was found not guilty and allowed to carry on driving.

 

Drink Driving: Police Charge Woman With Blood Alcohol Reading of 999,999

blood

 

We are often asked whether the police really do ever make mistakes in procedures that they carry out often.

 

We have had an interesting case recently which proves that mistakes can happen, and shows that not everyone charged with drink driving is guilty of the offence.

 

Julie contacted our offices recently in a state of distress.  She had been charged with drink driving and given a Court date.  She was adamant that she should’t have been over the limit – she’d had just a single drink and had waited an hour after drinking it before she drove.

 

She felt fine and there had been no concerns over her driving.  She was stopped because she was driving slowly, late at night; something that Julie said was actually due to her being in an unfamiliar area and trying to work out the correct road to turn onto.

 

At the police station, a blood sample was taken from her.

 

The legal blood alcohol limit is 80.  Anything over that will result in you being over the limit, and charged with drink driving.

 

The magistrates’ guidelines go as far as 345, meaning that most people are expected to have readings of 345 or under.  Indeed, for someone to have a reading anywhere near this high, the Court will be concerned that serious alcohol abuse issues are present.  Most people could  not reach an alcohol reading this high and be alive, never mind driving.

 

Imagine our surprise, then, when Julie informed us that her reading was 999,999.

 

A blood reading of nearly 1 million!

 

Clearly, something had gone wrong.

 

Fortunately, with our experience as drink drive solicitors, we were able to liaise with the prosecution and stop this absurd case ever reaching the Court, something that Julie was very grateful for.

 

Perhaps this story should be told to anyone who believes ‘there’s no smoke without fire’!

 

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