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Case Dropped Against Drink Driver

By 14th November 2010 January 22nd, 2019 No Comments

A man charged with a drink driving offence has been found not guilty at Medway Magistrates court in Kent.

Mr D was charged with blowing 46 mg in 100ml of breath (the legal limit being 35mg) but My brief Solicitors successfully managed to persuade the court and prosecution to drop the case against him. Mr D had been offered the statutory option of replacing his sample with a sample of blood or urine. However, he suffered from a condition known as shy bladder syndrome. This condition means that he is unable to urinate with people around him. The police selected urine even knowing this, as there was no nurse or doctor available to take a blood sample. My brief instructed an expert in P and argued before the court that Mr D had a reasonable excuse not to provide the sample. The court agreed and the prosecution therefore offered no evidence. Jeremy Betts, Managing Director and Mr D’s lawyer said “It just goes to show that it is important you obtain expert legal advice. Without it Mr D would have pleaded guilty and would have been disqualified from driving”