Drink Driving Defence

The Court must find that you were the driver of the vehicle at the time of the alleged offence. 

If the police officers witnessed, you are driving and pulled you over ID would probably not be an issue we would raise. 

If you were outside the vehicle when the police arrived, we may be able to put the prosecution to proof on this point.

The CPS can face problems with proving this defence. 

They will be basing their case on circumstantial evidence, which can be unlikely to prove beyond doubt that you drove the car. 

Circumstantial evidence may include a witness seen you driving, you made a roadside admission to an officer or the vehicle belongs to you.

The procedure that the police must follow at the police station is complex and technical. 

This may work to your advantage if the Police have not fully complied with their duties. 

At the police station you are required to give a breath, blood or urine specimen which can ultimately lead you to being prosecuted. 

The only way that evidence can be used against you is if the procedure is completed correctly. 

If any procedural errors occur it may lead to the CPS dropping your case, or the case failing at trial if fought properly.

As you know the amount of alcohol you consume reduces in your body overtime. 

If you failed a (non-evidential) roadside test the police most likely have rushed you back to the station so they can try to obtain a high breath reading from you. 

This can lead to the police officer skipping vital parts of the Manual Guidance for Drink Driving Pro Form A (MGDDA) document.

The MGDDA is a document which guides the officer through the questions and legal warnings he has to give you before asking you to provide the breath samples.

There are circumstances, typically after an accident where the driver may be taken to the hospital. The police would usually require a specimen of blood to be taken. When a person is taken to a hospital they tend to be frightened and agile. Sometimes due to shock they may not understand the information that the police are trying to portray which can give rise to a further defence.

We must consider:

• Was the MGDDC document filled out correctly and at the right time?
  • The police need to have filled this out properly as it is an essential piece of evidence.
• Was your consent clear and unconditional?
  • If it was not the specimen cannot be used as evidence against you.
• Did an A&E doctor give the police permission to take the sample from you?
  • They must have obtained this prior to the sample being taken.

AN officer can ask you to provide a preliminary breath test at the hospital. The results are non-evidential and cannot be used against you. It will should whether you are above the legal limit.

The doctor looking after you can object to the officer requesting that breath specimen, if it affects your treatment in any way.

The main purpose of the hospital procedure will be to obtain a blood or urine specimen from your body.

The MGDDC need stop be completed by the officer in your presence prior to the specimen being taken from you.

If you were awake and able to provide consent they must start the procedure at C5 and work through the form contemporaneously.

If you were incapable of providing your consent they must get the doctors’ consent to take the sample from your body this starts at C37 and they need to follow the procedure accordingly.

The police can obtain your informed consent at a later date, more than likely after you have been discharged from the hospital. The sample they have obtained is not allowed to be analysed until your consent has been obtained.

The police usually have 14 days after you have been released to obtain your consent. At this point the police can also use this as a strategy to have an informal interview with you which may result in further charges against you.