Client Acquitted of Driving Offences

Lorena Lowen

04 December 2023

Our client was seen by police exiting the driver’s side door of a hatchback which had sustained serious structural damage in a series of collisions. Upon police questioning, the two other occupants of the vehicle both stated that our client had been driving. His breath at the roadside contained 85 micrograms of alcohol in 100 millilitres of breath, more than twice the legal limit for driving.

The police also found the keys to the car in his pocket. He was not on the car’s insurance. As a result our client was charged with Driving a Motor Vehicle With Alcohol Concentration Above Prescribed Limit, and Driving Without Insurance.

We surveyed the area for CCTV cameras that may have captured the car in motion, contacted local pubs that our client recalled drinking in prior to the offences, and submitted a defence statement to compel secondary disclosure from the prosecution. We also contacted a pair of witnesses, one of whom was in the car when one of the collisions occurred. The witness who was in the car gave evidence at trial and testified that our client was not driving. Our client was acquitted after trial.

Lorena Lowen, assisted by Hugo Cheem-Grubb, instructed Jonathan Duffy of 7 Harrington Street.

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