by martin corlett-moss | Last updated Jan 11, 2024 | Published on Jan 11, 2024 | Sample Cases
The client was prosecuted for driving with excess alcohol (47 in breath). The issues in the case included the failure by police to arrange a Nepalese interpreter, fitness to be detained and special reasons due to the shortness of distance driven. At the second hearing...
by martin corlett-moss | Last updated Jan 10, 2024 | Published on Jan 10, 2024 | Sample Cases
The client appealed against a mandatory disqualification for failing to provide breath (29 months). The magistrates court had incorrectly applied the failing to provide (vehicle driver) sentencing guidelines instead of failing to provide (in charge). David Houldcroft...
by martin corlett-moss | Published on Jan 9, 2024 | Sample Cases
The client was prosecuted for driving with excess alcohol (73 in breath). The issues in the case were the reliability of the breath test device and private land. At the second hearing which was listed for trial, Jay Lemosa instructed by Micaila Williams (reviewing...
by martin corlett-moss | Last updated Jan 3, 2024 | Published on Jan 3, 2024 | Sample Cases
The client was prosecuted for failing to provide specimen of breath. The client had a dry throat caused by viral infection. The functioning of the device was also disputed as two evidential samples were provided over two printouts and ‘mouth alcohol’ error messages...
by martin corlett-moss | Last updated Jan 2, 2024 | Published on Jan 2, 2024 | Sample Cases
The client was prosecuted for driving with excess alcohol (67 in breath). The client disputed he was over the limit and could not recall the statutory warning. The client was represented at the first hearing by Nick Robinshaw. The prosecution discontinued the case...
by martin corlett-moss | Published on Dec 29, 2023 | Sample Cases
The client was prosecuted for failing to provide a specimen of breath. The client had a reasonable excuse namely loss of confidence in the officer after her autistic daughter was manhandled by the police. The client was represented by Margeret Hyde instructed by...
by martin corlett-moss | Published on Dec 19, 2023 | Sample Cases
The client was prosecuted for drunk in charge (55 in breath). The client had no intention of driving whilst above the prescribed limit as he did not have the keycard for the Tesla vehicle to start the engine and police misconduct was raised as an issue after the...
by martin corlett-moss | Published on Dec 18, 2023 | Sample Cases
The client was prosecuted for driving with excess alcohol (100 in blood). The issues included fitness to consent at the hospital due to injuries sustained after the road traffic accident and the continuity of the blood sample. At the second hearing which was listed...
by martin corlett-moss | Published on Dec 14, 2023 | Sample Cases
The client was prosecuted for being drunk in charge (100 in blood) and failing to stop. The issues in the case were no intention to drive the vehicle and continuity of the blood sample. The prosecution indicated they were increasing the severity of the charges to...
by martin corlett-moss | Published on Dec 13, 2023 | Sample Cases
The client was prosecuted for driving with excess alcohol (97 in breath) and driving without due care and attention. The issues were post-driving alcohol consumption and mental fitness to understand the breath test procedure. The drink driving charge was discontinued...
