Friday, November 07, 2014
An Example of a Typical Driving Case Study
An example of a typical bestcriminaldefencebarrister.com driving case.
Mr N was arrested on a Friday evening just outside Manchester. Two police officers on foot stopped him in his work van in a car park outside a fish and chip shop; the police had received a tip off. He was taken to the police station where he was subject to the breath test procedure and was found to be considerably over the drink drive limit. He was arrested and charged with drink driving. Mr N travelled all over the UK with his work and needed his licence for his work; he knew that if he lost his licence he would lose his job and his livelihood.
Mr N called Quentin having found bestcriminalbarrister.com on the internet. Quentin spoke to Mr N for some time on the telephone and established the basics of his case and gave him some reassurance. Mr N then scanned and emailed to Quentin all of the documentation that he had on his case along with an email explaining what had happened on that night.
Quentin considered the documentation and consulted legal authorities and there followed a Skype consultation between Quentin and Mr N as due to Mr N’s work it was not practical for him to come to Quentin’s chambers. During the consultation Quentin gave a detailed appraisal of the evidence in the case, the law, Mr N’s prospects of success and the avenues open to him.
“Communication was excellent. You really reassured me. Your attention to detail and analysis of the case was brilliant.” Mr N.
Following the consultation Mr N appeared at the Tameside Magistrates Court outside Manchester and entered a Not Guilty plea and the matter was set down for trial.
As the trial approached Quentin together with Mr N collected important evidence in the case including detailed scene photographs, overhead pictures, witness statements and references. In the meantime Quentin undertook a detailed analysis of the law spotting any potential problems with the prosecution case and prepared legal submissions on Mr N’s behalf.
“The case preparation was so thorough, by the time we got to trial I was confident that there was not a single avenue of enquiry that had not been examined and followed up.” Mr N.
On the day of the trial detailed legal submissions were made relating to the admissibility of key parts of the prosecution evidence. Following lengthy argument the Magistrates ruled in Mr N’s favour and found that the evidence that the prosecution wished to call was inadmissible and could not be introduced at trial.
As a result the prosecution did not have any admissible evidence to prove that Mr N had been driving. The prosecution were therefore forced to ‘offer no evidence’ against Mr N and a Not Guilty verdict was entered. Mr N left with his driving licence intact and an order that a contribution would be made by the state towards his legal costs.
“My driving licence means the world to me, if I lost my licence I‘d have lost my job and probably my house. I can’t thank you enough for all your help. I would recommend your services to anyone who finds themselves in trouble with the law. Thank you so much.” Mr N.
If you would like an assistance with any legal queries and defence barrister for road traffic offences contact Quentin either on the telephone or by email.