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David Leach Secures No Ban For Drink Driving Offence In Case of R v JH

This entry was posted in Recent Case, Road Traffic Law and tagged , , , , , , , on by .

Client Keeps his driving licence following the crown offering no evidence in relation to offences of; Driving with Excess Alcohol, No Licence and No Insurance. These offences were substituted with a single offence of being in charge of a motor vehicle where the level of alcohol exceeded the prescribed limit.

The case involved a witness seeing a male and female driving a motor vehicle, both whom appeared to be under the influence of drink. The police were called and after the witness followed the two suspect for some distance the police arrived at the scene where the vehicle had parked up. The police arrested the male and took the female home.

The witness who initially reported the incident and followed the vehicle lost sight of the vehicle for some time. When she located the vehicle sometime later the male was no longer in the driving seat. Two police officers arrived at the scene and their evidence was somewhat contradictory to each other, together with the break in the sighting of the vehicle, the crown could not be sure that the defendant, who denied driving or having any connection with the vehicle, was the same male who was seen close to the vehicle where it was parked.

Although the defendant received a financial penalty and 10 points on his licence, he managed to keep his driving licence, had he been convicted of the driving with excess alcohol offence he would have been disqualified from driving for a period of 14 – 18 months.

DRN Solicitors is committed to working within the law to help you contest any charges of motoring and driving offences and keep your licence so you can stay on the road.

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