Posts Tagged ‘drink driving defences’

Drink Driving Suspect Delighted No Charge Brought Against Him

Posted on: February 21st, 2014 by steve

DRINK DRIVING – Relief When Not Charged

Forrest Williams recently assisted a male motorist who had been involved in a collision and subsequently bailed to return to York Police Station towards the end of 2013.

Following the collision, the police attended the scene and breathalysed our client who was subsequently offered the statutory option to give either a blood or urine sample. Our client opted to give a blood sample.

Our client asked if Steve Williams, senior partner of Forrest Williams, would attend York Police Station with him. Steve was happy to do this and met with our client at the station, where they had a short discussion about the case before going into an interview room with two police officers.

Steve reminded our client during the interview to mention to the police officers that, following the collision, some of the contents of a bottle of vodka had been consumed in the car while waiting for the emergency services to attend the scene. This was noted by the officers as it constitutes what is referred to as ‘post driving consumption’, and it would have had a bearing on whether or not our client was over the legal limit when actually driving the car.

Several stressful months of waiting followed, during which our client became very worried about the possibility of being charged with a drink driving offence. During this time the team at Forrest Williams offered regular support and reassurance, in the form of phone calls and emails.

During this waiting period, our client’s own blood sample results came back as 225ml, which placed him in the third category. If found guilty of a drink driving offence with a reading this high, and given the fact that he had a previous drink driving offence within the last 10 years, the Magistrates’ Sentencing Guidelines suggest penalties of a low level to high level community order and a disqualification period of 36-52 months.

Our client was understandably anxious about this and contacted the Forrest Williams team often for support.

Then one day, almost 5 months after the collision, our client received a call from an officer at York Police Station saying that no charges would be brought against him. After all the waiting and worrying, it took a little time for this news to fully register. Our client called to thank Steve Williams for his support and representation within the police station and also to thank all the Forrest Williams office staff for their ongoing contact through what had been a very difficult period of his life.

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City of London Magistrates Drink Driving Solicitor. Defence to failing to provide.

Posted on: April 30th, 2012 by steve

Drink Driving Solicitors, like all solicitors are ultimately judged on results.

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.

Failing to Provide a Sample, a Rare Defeat

Posted on: March 25th, 2011 by motoringlawyers

I write a lot about my victories but rarely about losses. Partly because I don’t lose very often. This is a combination of being experienced and expert in my area but also I don’t run cases unless I think we have a chance of winning, I am always honest with the clients about their chances of success.

This week I did lose and even after 20 years I still hate losing, so much that it has taken me a while to write this blog. I needed to get some of the anger out of my system first.

My client was stopped for drink driving, he was not able to provide a road side test and was taken to the police station. We watched the video in court. The police officers gave the usual wrong legal advice ‘tell the court you will lose your job and you will get off with points and no ban!!’ This time however we had some unique incorrect legal advice from the oficer.

When my client explained that he was having trouble blowing into the machine because he was dehydrated he was told that it was against the law for the Police officer to give him a drink of water!!! WRONG AGAIN!

My client managed to provide one sample which was below the limit but could not give another sample. When asked why he couldn’t provide he said he was dehydrated but did not mention that he has a medical condition that causes dehydration.

The High Court stated that the CPS should not pursue cases in these circumstances, where the sample is below the limit. My client could not be guilty of drink driving but was charged with failing to provide. The police and the CPS both ignored the guidance from the High Court and charged my client; a family man with no previous convictions.

Worse still the court found him guilty, he was banned for 12 months for failing to provide a sample even though it was proved he was below the limit.

Is that really fair? Is that really a correct decision? I will not go into detail about my views on this suffice to say we appealed immediately.

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