Case Studies
Here are just a few of the cases that we have successfully defended over the last 12 months:
FAILURE TO PROVIDE A BREATH SPECIMEN
Mr S, Stonehaven was charged with failing to provide a specimen of breath after being arrested by the police on suspicion of drink driving. He faced a lengthy ban and the inevitable loss of his job if convicted. Careful scrutiny of the case revealed serious flaws in the police procedures used in the case. After cross examination of both police officers the accused was found not guilty.
DRINK DRIVING AND CARELESS DRIVING
Mr R, Stirling was charged with drink driving, careless driving and a domestic breach of the peace after an incident involving his partner. He faced losing his licence and his employment as a nurse if convicted. After thorough investigation of the case we met with a senior prosecutor in Stirling. A plea to a single, less serious charge of being drunk in charge of a vehicle was ultimately accepted and the accused ultimately kept his licence and his job.
DANGEROUS DRIVING
Mr H, Glasgow was charged with dangerous driving, an offence which carries with it a minimum one year ban. He denied being the driver responsible. Two police officers were emphatic that they had the right man. After expert cross examination of both officers the case against the accused was found not proven.
DANGEROUS DRIVING
Mr K, a car salesman was prosecuted for dangerous driving. He was accused of driving at speeds in excess of 65 mph in a 30mph zone. A UNIPAR speed gun was used. Nationwide Road Traffic Lawyers worked in conjunction with an independent expert (a retired traffic inspector) and identified a number of flaws in the police procedure. After the expert report was produced the prosecution decided to take a plea to a reduced charge of careless driving. The accused retained his driving licence and his employment.
DRINK DRIVING
Mr P, a farmer from The Aberdeen area was prosecuted for drink driving. His reading was twice the limit. He was told by another lawyer that if he pled guilty he would receive a ban in the region of 18 months. He then instructed Nationwide Road Traffic Lawyers. After careful investigation of his case and the advancement of a detailed plea in mitigation he received a ban of 9 months and after enlisting the help of his son was able to continue driving.
DANGEROUS DRIVING
Mr R, an electrician from Glasgow, was prosecuted for dangerous driving at speeds in excess of 72mph in a 30mph zone. A unipar speed detection device was used to record this alleged speed. The case proceeded to trial. The crown failed to present their case properly and provide the court with the appropriate documentation. The accused was found not guilty.
CARELESS DRIVING
Mr T, a publican from Newcastle was prosecuted for careless driving at Dumfries Justice of the Peace Court. He was on nine points and stood to lose his licence if convicted. Nationwide Road Traffic Lawyers instructed an independent road traffic expert (a retired police inspector) to provide an independent report on the probable cause of the accident. The report was very supportive of the accused position and the crown accepted a plea of not guilty.
DRIVING WHILST USING A MOBILE PHONE
Ms S, an office manager from Glasgow, was prosecuted at Glasgow Justice of the Peace Court for driving while using a mobile phone. Ms S was on nine penalty points at the time of the offence and if convicted would have been disqualified under the totting up provisions for a period of six months. Nationwide Road Traffic Lawyers undertook a detailed analysis of the scene of the alleged offence and obtained the accused’s mobile phone records. All of this was used to great effect in successfully cross examining the two police officers who gave evidence against the accused. The charge against the accused was found not proven.
DRIVING WITHOUT INSURANCE
Mr Z, a pharmacology student from Dundee, was prosecuted at Forfar Justice of the Peace Court for driving a vehicle without a valid policy of insurance. As a probationary driver his licence would have been revoked if he had been convicted. Moreover, he would have been disciplined by his profession’s governing body in the event of conviction. The offence had arisen as a consequence of a genuine misunderstanding on the part of the accused. Evidence of this misunderstanding was obtained and presented to the prosecution who ultimately accepted the accused’s plea of not guilty.
DANGEROUS DRIVING
Mr L, a shop manager from Glasgow, was prosecuted for dangerous driving. It was alleged that he had, amongst other things, driven dangerously close to a motor vehicle containing his ex-wife and her new partner in an attempt to intimidate them. If he had been convicted he stood to lose his driving licence for a minimum of a year and would have lost his job. The case proceeded to trial where a number of failings in police procedure emerged which were fatal to the prosecution case. The accused was found not guilty.
DRINK DRIVING – EXCESS ALCOHOL IN BLOOD
Mr G, a taxi driver from Paisley, was prosecuted for driving with an excessive amount of alcohol in his blood. If convicted he would have lost his licence for a minimum of a year. The police had resorted to taking blood rather than breath after forming the opinion that the breath analysis device in the police office was not working properly. The accused was acquitted after trial on a technical basis.
EXCEPTIONAL HARDSHIP
Mr H, a self-employed electrician from Kilmarnock, pled guilty to a charge of speeding and consulted Nationwide Road Traffic Lawyers on the advice of the Clerk of Court after it became apparent that the totting up rules meant that he would be disqualified for a minimum of six months. The loss of his licence would have been catastrophic for his ability to work and would have terrible consequences for his family and his elderly mother. Using our experience and expertise we presented a compelling ‘exceptional hardship’ argument to the court and succeeded in saving our client’s licence.
EXCEPTIONAL HARDSHIP
Mrs I, a businesswoman from Lesmahagow, sought the assistance of Nationwide Road Traffic Lawyers after pleading guilty to driving whilst using a mobile phone. As she was already on nine points she was eligible for totting up disqualification if convicted. Once again, after detailed preparation and investigation, we presented a compelling ‘exceptional hardship’ argument to the court making reference to the impact of disqualification upon our clients business, her numerous employees, and her disabled friend. Exceptional hardship was established and our client’s licence was saved.
DRINK DRIVING
Mr W, a self-employed joiner from Glasgow was prosecuted for drink driving at Glasgow Sheriff Court. If he had been convicted then he would have been banned from driving for at least a year and would have struggled to continue with his business. The case was set for trial but the prosecution failed to provide the defence with vital information on the case. The prosecution sought more time for this to be attended to and this was opposed by our lawyers. The judge refused the prosecution any more time to prepare its case and the accused was found not guilty.
FAILURE TO PROVIDE SPECIMEN OF BREATH
Mr T, an oil worker from Aberdeen was prosecuted for failing to provide a specimen of breath after being arrested on suspicion of drink driving. Full medical reports were obtained which supported a defence that the accused had a reasonable excuse for being unable to provide a sample. The accused was acquitted.
FAILURE TO PROVIDE A ROADSIDE BREATH TEST
Mr Z, a student from Edinburgh, was prosecuted for failing to provide a road-side breath test after being stopped on suspicion of drink-driving. The case proceeded to trial and the crown failed to lead vital evidence required to establish a conviction. The accused was found not guilty of this charge after we made legal submissions on his behalf.
CARELESS DRIVING; FAILURE TO PROVIDE A BREATH TEST
Mrs P, a nurse from Stewarton, Ayrshire was prosecuted for careless driving and failing to provide a specimen of breath on being requested to do so by the arresting police officers. The case proceeded to trial and Mrs P was acquitted of the failing to provide the breath sample and pled guilty to careless driving. She avoided a lengthy driving ban and the possible loss of her employment and received penalty points and a financial penalty.
DANGEROUS DRIVING
Mr C, a businessman from Bothwell, was prosecuted for dangerous driving after being captured on the VASCAR speed detection device used by police officers travelling at a speed of 80mph in 40mph zone. It was also alleged that he had undertaken other drivers and strayed onto the opposing carriageway. The case called for trial and it became apparent that the prosecution did not have in its possession the documentation required to prove the speed alleged. The prosecution ultimately accepted a plea to a lesser charge of careless driving and the accused kept his licence.
DANGEROUS DRIVING
Mrs G, a housewife from Glasgow, was charged with dangerous driving after allegedly applying her makeup whilst driving her car and straying into the opposing carriageway. After detailed investigation of the case and the taking of statements from various defence witnesses Nationwide Road Traffic Lawyers succeeded in persuading the prosecution to accept a lesser charge of careless driving and the accused kept her licence.
