Motorist who did not intend to drive found not guilty
A motorist, Mr X, was charged with being drunk in charge of his vehicle. He had no intention of driving the vehicle.
The Facts
Mr X was found asleep in his vehicle and was initially accused of drink driving following a report from a member of the public. It had been reported that he had been driving down the road and demonstrated a poor standard of driving. Mr X denied having driven the vehicle that day.
The police believed they had a reasonable suspicion that he had been driving under the influence. This was based on the report from the public and the fact that he smelled of alcohol. They requested a breath sample from him, which confirmed he was over the limit. He was arrested and provided a breath sample for evidential purposes at the police station.
The police subsequently acknowledged that there was no evidence to suggest he had driven. The engine was cold, and he maintained that he had not driven. It appeared that his vehicle had been mistaken for another. Therefore, he was charged with the lesser offence of being ‘in charge’ of a vehicle while over the limit.
The Defence
He sought advice from Lucy Whitaker, who advised that he had a defence to the charge. She advised on the evidence required to corroborate his version of events for when the matter went to trial.
Mr X stated that he had attended a wedding earlier that day, was of no fixed abode and was only sleeping in his vehicle overnight. He provided evidence via a work colleague that he would have been collected the next morning to go to work. There was no likelihood of his driving while over the legal limit.
The Outcome
At the trial in Nottingham, Mr X was found to be truthful, and the court found him not guilty. An expert report was also relied upon as evidence of when the alcohol in his system would have fallen below the legal limit.
Nottingham Magistrates Court acquitted him of the driving offence and granted him a Defence Costs Order. This allowed us to apply for some of his legal fees to be returned to him.
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I’m Lucy Whitaker, a specialist driving offence solicitor based in Nottingham. My team and I really know our stuff when it comes to motoring offences.
I have gained recognition for my technical ability and understanding of complex areas of driving offence law.
Since 2008, I have worked exclusively as a driving offence lawyer. I set up Pragma Law in 2014 after 8 years working for another law firm. I now work only for private defendants charged with driving offences, but I have also prosecuted cases in the criminal courts in the past. I believe that having experience in both prosecuting and defending has made me a better solicitor and advocate, and I will use my knowledge to your advantage.