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What can be done to fight the drink driving case?
You do not have to give evidence against yourself
The starting point is to look at the historic legal context. The basic position in our law is that you do not have to give evidence against yourself. This “judge-made” law has, however, been overtaken by an Act of parliament (the Road Traffic Act 1988). This Act forces a suspect to provide a specimen of breath, blood or urine, depending upon what the police require: if you fail to provide then you will be prosecuted for just that, “failing to provide an evidential sample”. However, if the police make a serious mistake then, depending upon the nature of that mistake, that should result in either “discontinuance” by the prosecution or an acquittal before the court. This is one line of attack upon the prosecution case: there are many more depending upon the circumstances of the case.
Prosecution evidence
It follows that your lawyer MUST obtain as much of the prosecution evidence as possible, before you enter the court room, on your first appearance, to give your plea. It is only by examining the witness statements made by the police, the DVD of the recording of the breath test procedure, that your lawyer will have any idea about the strength of the case you face. That, however, is just the start. Your lawyer will also need to see the police form MG DD/A, your Custody Record, the witness statement’s of other witnesses (possibly civilians), the initial police reports, any record of interview with you under caution, etc.
Unused materials
If you plead not guilty then he/she will need to see the schedule of unused material, any initial crime reports, details of previous convictions recorded against prosecution witnesses, etc. In short your lawyer will need to keep on badgering the prosecution for all of the material they hold in the case. He or she may need to make direct application to the court for an order for further disclosure (of police and prosecution unused material), if it is felt that evidence, etc., is being withheld for no good reason.
- "drove or attemped to drive a motor vehicle."
- "on a road or other public place.”
- "after consuming too much alcohol.”
- "that the proportion in your breath, blood or urine exceeded the prescribed limit.”
Putting the Crown to Proof
You are perfectly entitled, if you wish, to put the prosecution “to proof” on anyone, or more, of the seven “elements” mentioned above. However, to go down this route without expert legal assistance would be foolish in the extreme. Putting the “Crown to proof” may have many ramifications for the defence of the case of which a non-legally qualified person would be completely unaware.
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What clients say about us
Wimbledon Court
Peter | Croydon
Thank you for your impeccable attention to detail, honesty and professionalism throughout this ordeal.
Southend on Sea Court
Dylan | Essex
I was charged with failing to provide a blood sample but the reason for this was because of my needle phobia and general stress.
Sefton Court
Harry | Merseyside
I came across the motoring justice website on the net and looked at the videos and references. I was charged with drug driving (61 in Benzo and 43 in Ketamine) and had to go to Liverpool Court.
Reading Court
Mark | Bracknell
You were my lawyer at Reading Court today on a drink driving charge (110 in blood) and things had not looked good before I chose you to represent me.
Oxford Court
Yahaya – London
I had 4 charges against me at the Oxford Court – Failing to provide breath test as a “Driver”. Driving other than with a licence. Not having road insurance & Failing to provide breath test as was “In Charge”.
Norwich Court
Ryan | Coventry
I came before Norwich Justices’ Court on a drug driving charge, 3.9 micros in a litre of my blood. You always said that the police procedures were wrong and should be fought.
Leeds Court
Tabraz | Leeds
Was charged with drink driving (50 in breath) and Googled you. Thank goodness I did! You are a top drink driving/drug driving barrister.
Highbury Court
Amardeep | Birmingham
I had been charged with D.U.I. [at Highbury Corner Magistrates’ Court] but the prosecution service then changed it later to driving over the drug drive legal limit.
Drink Driving Legal Defence
A Personalised Legal Defence Specialist Drink Driving Advocacy
Backed by over 40 years of experience.
If you’ve been charged with a drink driving offence then you must act QUICKLY. The police will have arranged the earliest possible court hearing while you remain in a state of shock.
The roadside breath test, if one is demanded and given, is purely a screening test and does not prove in itself that you were over the drink driving limit. To prove this, the police must take you to a police station.
Real cases, real people. We’ve saved many drivers from 12 months punishment for drunk driving accusations. Check out what they say.
