Not Guilty of Being Drunk in Charge

Our client was accused of being drunk in charge of his vehicle by the police. They had found him in his car while rolling a cigarette. He admitted to drinking, was breathalysed and taken to the police station.

The man blew over the legal limit at the police station and was charged with being drunk in charge.

At trial, two police officers were called to give evidence. They were cross-examined by solicitor David Swingler, who accused the police of failing to carry out reasonable lines of enquiry.

It was clear that at least one of the officers was not aware of the statutory defence. The other officer was shown her body-worn footage. The recording showed her referring to the defendant in an unprofessional manner and using derogatory terms.

The case was ultimately dismissed before the defendant had to give evidence. The court found that there was no case to answer, as the prosecution had not produced evidence that the defendant was over the limit. This was a case that should have been dropped by the prosecution before the trial. Nonetheless, they pushed on with it.

Our client was delighted with the outcome. He retained his good character and saw the officers who had treated him so badly try to explain themselves in court.

The Court agreed that our client was entitled to a Defence Costs Order to recover his legal fees.

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