Sanders Witherspoon LLP are delighted to confirm the successful outcome of a long running ordeal for one of our clients charged with dangerous driving and failing to provide a specimen.
The case had gone on for well over a year since our client was charged with driving his Ferrari at over 100 miles per hour in heavy traffic. Our client was on bail for a very long time. There were allegations of aggressive driving, tailgating and speeding, these were all made by police officers who said they followed his vehicle. Our client was stopped a number of miles later after the police had allegedly lost sight of his vehicle. He was then subjected to a roadside breath test which they said he failed and was then arrested. Upon arriving at the police station he was asked to provide a specimen of breath which he tried to do but was unable. He had a medical condition which meant it affected his ability to blow into the machine.
Our client was charged with dangerous driving and failing to provide a specimen of breath for analysis. He went on trial last year at the Crown Court for the dangerous driving. We were able to show that the police evidence was unreliable in that he would have had to have been travelling faster than a Jumbo Jet at 35,000 feet if what they said was true. His vehicle was also said to have appeared on a road where it simply could not have been. A jury found him not guilty.
A trial then took place at Southend Magistrates’ Court on the failing to provide a specimen because the prosecution wanted to continue the case against him. After a hearing before lay magistrates the court excluded evidence which they said was inadmissible because of serious and persistent breaches of procedure under the Police and Criminal Evidence Act 1984. These cases can be successfully defended if done the right way and with lawyers that are prepared to examine every single point in the case. Our client paid privately to defend himself as he didn’t qualify for legal aid. Our client was awarded costs from central funds in relation to the Magistrates Court proceedings and whilst this will not fully reimburse his legal fees, the fact that our client was able to retain his driving licence and his unblemished good character, meant that it was an all-round wise investment.