Request a call back
Request a callback

If you would like to take advantage of our free expert legal advice, please get in touch. You can usually speak with a specialist straight away.

or call us on:
0151 422 8020

Fields marked with an * are required

Drink Driving: A Positive Breath Test, Forensic Evidence & a Positive ID…

26 April 2016

My client was charged with three offences: driving with excess alcohol, failing to stop after an accident and failing to report an accident. My client’s car crashed into another vehicle. An eye witness apparently saw my client get out from the driver’s seat and run off. The witness called the police. My client was then arrested by the police about 15 minutes later in the location. He was breath tested and was over the limit.

My client had some cuts and bruising to his face, consistent with an air bag explosion. The police spoke to the eye witness who gave a description of my client. The police seized the car in order to test the airbag for DNA. The logic, of course, is that if the DNA matched my client then it would prove he was the driver at the time of the crash.

The police had a strong case. They had a positive breath test. They had an eye witness. They had forensic evidence. The police and CPS believed it was an open and shut case.

I represented this client from start to finish. You can’t imagine the surprise expressed by the CPS at the first court hearing when my client pleaded ‘not guilty’ to all charges. The CPS solicitor looked at me like I was as mad as my client!

However, one thing I have learnt over the years is that it is vital to properly test the evidence. Just because the police or the CPS believe they have the evidence, it does not mean they have. Unless you accept the evidence and plead guilty, the CPS must prove the case based on accurate and reliable evidence to a standard beyond reasonable doubt.

When the police and CPS believe they have the right person, especially in circumstances such as in this case, I often find that the police and CPS fail to do what they should do. My defence comprised three main elements:

a. Accuracy of the breath test
b. Identification of the driver
c. Reliability of the forensic evidence.

To read the full article, please follow the link:  A positive breath test, forensic evidence and a positive ID.

Related Articles

Case Dismissed – Prosecution failure leads to collapse of drug driving case

This last week at Carlisle’s Rickergate Magistrates’ Court, our client had entered not guilty pleas to two allegations – one of driving while under the influence of cannabis and another that he drove with 16 times the legal limit for cocaine in his system. However the case was thrown out by District Judge Gerald Chalk,...

Eurofins Forensic lab forced to stop testing

Eurofins Forensic lab forced to stop testing   Police have suspended work with the UK’s largest private forensic lab following a cyber-attack earlier this month.   Eurofins Forensic services, responsible for carrying out sample Toxicology analysis for police forces across the UK, suffered a ransomware attack on the 3rd June demanding payment in order to...

Solicitor, Conor Johnstone, discussed drug driving on BBC Radio 1 Extra

Our senior solicitor, Conor Johnstone, will be at BBC Radio 1 Extra’s studio this Sunday (21st April 2019) to discuss the law surrounding drug driving. Tune in to hear more.

Drug Driving Convictions Quashed

A BBC report has found that at least 40 drug driving convictions have been quashed after results were found to be incorrect.   It is unclear why Randox Testing Services, a Manchester based laboratory, manipulated data to create false positive results. It is not known how widespread this issue is and how many samples have been...

Save your licence

M.A.J. Law specialise in defending motorists nationwide. Our team have over 50 years of combined experience and first-hand knowledge of most courts in England and Wales. Free advice? Please get in touch.

Fields marked with an * are required