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Drink drive Archives
25 March 2011
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.
22 March 2011
The drink driving limit will remain the same but drivers will lose the right to ask for a blood test if they are only slightly over the limit.
These were the key points in the Government’s response to recommendations on road safety made by Sir Peter North.
The initial consultation recommended dropping the limit from 80 in blood to 50. This was rejected by the Government. It is not clear why the limit was not reduced and leaves the drink drive limit in the UK one of the highest in Europe.
The move to remove the right to a blood test is controversial. The machines used by the police to measure alcohol in a motorists breath are not reliable, certainly not as reliable as blood tests. Some commentators have suggested that this removes a loop hole whereby motorists can delay a blood test so that their alcohol reading drops. In my experience this isn’t the case. It is rather the case that motorists want to make sure that the reading is accurate.
It is open to the police to take a urine test instead of blood and this can be done immediately since it does not have to be taken by a Doctor so the suggesting of delaying it on purpose is nonsense.
Is there any connection with this removal of the right to an accurate blood test and the closing of the Forensic Science Service?
Surely the Government wouldn’t compromise justice just so that they can save money???
8 February 2011
My client was charged with drink driving. He claimed that his drink had been spiked.
He had been out with his wife and friends and they carried on drinking back at the house. He decided that he had had enough alcohol and asked for non alcoholic lager. Unknown to him she gave him alcoholic lager.
Later in the evening after his wife had gone to bed he decided to pop out to the late night shop and was stopped by the police.
He was surprised when he failed the breath test.
After contacting us we advised him that he could argue that there were special reasons not to disqualify him. We prepared his case including taking a statement from his wife.
When the case came to court we managed to convince the court not to disqualify him and he kept his licence.
This case could have had awful consequences for him, he would have lost his job and house. Thankfully all of that was avoided because he contacted us in time to be able to help him.
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