Specialist Drink Driving Solicitors Liverpool

Specialist Drink Driving Solicitors Liverpool

Mr Shea, was prosecuted before Liverpool Magistrates Court for an offence of “drink driving” or more properly “driving whilst the proportion of alcohol exceeded the prescribed limit”, an offence contrary to section 5(1)(a) of the Road Traffic Act 1988.

Upon being charged with this offence, Mr Shea contacted Caddick Davies Solicitors, as specialist drink driving solicitors in Liverpool and sought advice and representation.

It was Mr Shea’s defence throughout that he had not driven his vehicle before consuming alcohol and that whilst he had provided a positive specimen of breath (exceeding the legal prescribed limit of 35mg/100ml of breath), this was as a result of alcohol he had consumed after having driven but consumed before he provided a specimen of breath.

In proceedings lasting over 5 months, Caddick Davies Solicitors, asserted from the outset that the Crown Prosecution Service was not in a position to prove that Mr Shea had driven a vehicle whilst the proportion of alcohol in his breath had exceeded the legal limit and in any event that he had a clear defence under section 15(3) of the Road Traffic Act 1988, that he had consumed alcohol after driving but before giving a breath specimen and that had he not done so, the proportion of alcohol in his breath at the time of driving would not have exceeded the legal limit. This defence is most commonly known as the “hip flask” defence.

Following detailed submissions to the Crown Prosecution Service, including the service of expert evidence supporting the case of Mr Shea, the case against him was discontinued and the case against him dismissed.

If any of the issues raised in this case apply to you or you are charged with any drink driving offence, please contact us to receive specialist advice and representation in this complex area of law.

Caddick Davies Solicitors do not condone drink driving and actively discourage any person from doing so, however we do believe that every person is innocent until proven guilty and entitled to the best defence.

Specialist Drink Driving Solicitors Liverpool