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Bromley MC – R v DM

The client was prosecuted for being drunk in charge (152 in breath) above the prescribed limit 35. The client’s husband had called the police with her full knowledge as she was unable to get home after a serious panic attack. It was argued it was not in the public interest to criminalise those asking for help from the police in an emergency. Jay Lemosa (Gold panel lawyer) instructed by Sandra Cooper (reviewing lawyer) persuaded the magistrates to dismiss the charge after listening to the 999 call and were satisfied there was no intention of driving the vehicle.

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