Place:Staines Magistrates Court
Offence:Drunk in Charge of a Motor Vehicle
Defence:No likelihood of driving whilst over the prescribed legal limit in alcohol
Carl Millar was instructed by Mr F who was charged with being drunk in charge of a motor vehicle.
Mr F had a high reading in alcohol and he therefore faced disqualification.
Millars Solicitors instructed a forensic expert to calculate what Mr F’s alcohol reading would have
been at the time he claimed he would have driven the vehicle. The reading would have been at zero
alcohol if the Court accepted Mr F’s evidence that he would not have driven his vehicle whilst he
remained over the prescribed legal limit.
The case was complicated by the fact that the Crown Prosecution Service tried to adduce bodycam
footage on the day of the trial that had never been disclosed to the defence and was not part of the
unused schedule of material. The unused schedule of material is a formal document that must be
served in good time upon the defence by the Crown Prosecution Service. The Crown were in
difficulties as they had not complied with the disclosure requirements and they agreed to
discontinue the case against the defendant on the day of the trial.
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