case studies
FAILING TO PROVIDE A SPECIMEN FOR ANALYSIS
Mr Y appeared before the Magistrates’ Court having been charged with failing to provide a specimen for analysis- that sample being urine when the police required him to do so. We presented a successful defence on the basis of fault in the police procedure as they took only one sample of urine from him and didn’t even deal with that sample properly. He was acquitted.
Mr C appeared on appeal before the Crown Court for failing to provide a specimen of breath for analysis. Again, we examined the documentation and made enquiries of a detailed nature with the Prosecution Service. It transpired the police hadn’t retained the intoxilyser machine mouthpiece used in his case. Following cross examination of the police and mounting an abuse of process argument Mr C was successful in his appeal.
SPEEDING
Mr N was stopped by the police for a speeding. Once it was established in court the prosecution and police couldn’t identify to the satisfaction of the criminal court standard that the defendant at court was the person originally stopped by the police Mr N was acquitted. He kept his licence and ultimately his job.
Mr K received a summons for a speeding matter in which he was alleged to have driven at speeds in excess of 100mph on the motorway. If convicted this may have resulted in an immediate disqualification from driving.
Upon examination of the evidence, it became apparent the prosecution couldn’t prove the actual speed although they could prove he was driving and above the speed limit.
Following negotiations with the Crown Prosecution Service to reduce the speed of the allegation he received only 3 penalty points on his licence enabling him to carry on driving and reduce the costs he had to pay to the Court and we even gave him some of his fee's back!
NOTICE OF INTENDED PROSECUTION
Mrs C received a Notice of Intended Prosecution and a request to provide details of a car driver at the time of an alleged offence. We noted the date of the N.I.P. and that it had been served beyond the statutory 14 day period. Her case was discontinued when this fatal flaw was pointed out to the prosecution at court.
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