Summary
Following our client’s involvement in a road traffic accident, she was asked to provide a breath specimen at the scene by the Police. After blowing over the legal limit, she was then conveyed to the Police Station where she was required to provide a further specimen. However, she failed to do so at the Station and was therefore charged with failure to provide a breath test without reasonable excuse to do so.
Our client asserted that she did not purposely fail to provide a sample and claimed that her failure was the result of a medical issue. Lawtons represented this client on a privately funded basis, where we were able to instruct a medical expert to support our client’s claim.
The Trial was listed to take place at Ealing Magistrates Court. As a result of the preparatory work and legal argument on the day of the Trial, the Prosecution had to offer no evidence against our client and the charges against her were dropped. This outcome was a result of our involvement and the diligent defence provided by our team.
Details of the Incident
On the night in question, our client was driving with her friend when her car was involved in an accident, causing the vehicle to face into oncoming traffic on the carriageway. No other vehicles were involved in the accident and witnesses to the incident confirmed to Police that our client had not been driving in excess of the speed limit.
Our client was required to provide a breath sample at the scene, the result of which suggested that she was just over the legal alcohol limit (a reading of 41 in breath). She was shocked by this result as she had only had one glass of wine several hours before and did not feel drunk. Our client was then taken to the Police Station for further testing.
Our client suffers from mental health issues and frequent dissociation. She claimed that after the accident, she began to dissociate, which affected her behavior and capabilities. Following her arrest, she also began to feel anxious and suicidal.
At the Station, our client failed to provide a sample on several occasions. She claimed that she was co-operating to the best of her ability, but the Officer believed her to be deliberately failing to provide.
Our Defence
Managing Director Stephen Halloran represented our client in this matter, assisted by other team members. A failure to provide charge is considered a very serious offence and under UK law is comparable with drink and drug driving offences. To be charged with this offence would have a detrimental effect on our client’s future.
Aided by our client’s private funding, Stephen was able to instruct a medical expert to investigate how our client’s mental health issues may have affected her ability to provide a breath sample.
The medical expert corroborated our defence, asserting that our client’s dissociation restricted the rationality of her mind and was likely the reason that she was unable to effectively blow into the tube. In addition, problems with our client’s lungs would have further reduced her breath and affected her ability to provide a sample.
Further to these findings, after thorough investigation Stephen discovered that our client was not given a statutory warning prior to providing a sample at the Police Station. Providing a statutory warning is a legal requirement and the Police’s failure to do so can greatly affect the outcome of a case.
Court
Our client was represented at Ealing Magistrates Court by Barrister James Meredith of 9BR Chambers. Prior to the hearing’s commencement, James found that the Prosecution had served certain material to the incorrect solicitors. This was then served in-person at court.
After considering said material, James requested CCTV footage from the Prosecution. Unable to provide this footage, the Prosecution requested for the hearing to be adjourned, however James opposed this.
Following the hearing’s commencement, the bench similarly opposed the hearing’s adjournment and as a result, the Prosecution offered no evidence against our client. This was a fantastic outcome thanks to James’ excellent representation at court and Stephen’s thorough preparation. Cases such as this one highlight the importance of securing specialist legal representation when facing a criminal charge.
Client Testimonial
Our client was overjoyed at this result and was extremely grateful to the entire team for their diligent support and guidance during this difficult time:
‘Lawtons are truly an exceptional law firm! I’m so glad I put my trust in them. Stephen was so knowledgeable and professional, and the entire team knew exactly what they were doing!’
‘I felt supported and reassured and had the best possible result during the most stressful period in my life they really made it as less stressful as possible! Owen Caminsky was brilliant and always available to answer any questions they really put me at ease!’
‘I will highly recommend them to anyone if I am ever in a similar situation which I hopefully won’t be I know where to go! Thanks Stephen, Chris and Owen!’
Looking for a specialist driving offence solicitor?
Being charged with any type of criminal offence can be stressful and confusing. It’s not something you have to go through alone. If you or someone you know has been charged with a similar offence, contact our specialist team on 0333 577 0522 or visit our enquiries page.
