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Failure To Provide A Specimen of Breath For Analysis

westminstermagsFAILURE TO PROVIDE A SPECIMEN OF BREATH FOR ANALYSIS – 7 Day Disqualification Imposed By Westminster Magistrates Court


At a recent hearing at Westminster Magistrates Court, our client (currently serving in the armed forces) was delighted when the presiding District Judge disqualified him from driving for 7 days, as well as imposing the usual financial penalties (fine, costs and victim surcharge).


Our client, who disputed the fact that he had been driving the vehicle in question, had originally intended to enter his not guilty plea at the hearing, which would have meant that the matter was adjourned for trial. The District Judge listened to the case and agreed that there were Special Reasons not to disqualify him. This was on the basis that he was not driving.


However, the specialist motoring law barrister who represented our client at the hearing liaised with the prosecutor and the District Judge, making them aware that our client’s military career was at stake should he be disqualified from driving for an extended period.


There followed liaison with our client’s commanding officer, as a result of which a very favourable character reference was faxed through to the court.  The commanding officer confirmed that our client’s career would not be jeopardised if a very short disqualification was imposed by the court.


As our client was about to be posted abroad, it was decided – following a short discussion – that the best way forward would be to plead guilty, but with mitigating circumstances.


The District Judge imposed a 7 day disqualification in light of the fact that a very favourable reference had been received and also because full mitigation had been advanced by the barrister, based on a detailed statement prepared within our offices.


Our client confirmed he could work around a 7 day disqualification and said he was delighted to have the matter resolved before being posted overseas.  He told us that he was very concerned that he would lose his job as a result of an extended disqualification, and that he was very relieved that the Forrest Williams team had been able to help him to avoid this.




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