No Case to Answer On Driving with Excess Alcohol and No Insurance

We represented our client on a private basis in proceedings for drink driving and driving without insurance before Romford Magistrates’ Court. Our client was stopped while attempting to pull out of a car park at a business premises. He was above the legal limit for alcohol and was also charged with driving without third-party insurance due to the vehicle having incorrect plates. Our client worked in a business that leases cars, and therefore his licence was his livelihood.

Upon reviewing the evidence in this matter, we concluded that the elements of the offence were not established: there was insufficient evidence that our client had been driving over the prescribed limit of alcohol on “a road or other public place,” as the officer referred to our client “leaving” a business estate but not driving on the road. It is for the Crown to prove that the area in question is “a road or other public place.” We obtained instructions and photographs of the area to corroborate that it was a business premises to which the public would not ordinarily have access.

Additionally, we identified a defence to the charge of driving without insurance under s143(3) of the Road Traffic Act 1988, as the vehicle belonged to his employer, and he was using the vehicle in the course of employment. We obtained the business insurance policy and a statement from our client’s employer to support this defence and served these documents.

David Sonn represented our client at trial. He cross-examined the officer about the positioning of the car, noting that the charge named a specific road on which the defendant was alleged to have driven. At the close of the prosecution’s case, he made a successful submission of no case to answer.

The judge confirmed his finding of no case to answer was based on the evidence being so tenuous as to be unreliable that it could not found a conviction. He stated that there was limited evidence that the vehicle had driven on the road specified in the charge, and there was a lack of evidence that the business centre was a public place. Defence costs were ordered, and our client was overjoyed at the result, having left court without convictions and without any driving disqualification.

He stated:

“Phoebe is not only amazing at her job, being thorough and progressive throughout. She is also a people person, which made her stand out in my eyes. Thank you for everything.”

Phoebe Coleman was the solicitor with conduct of this case, and David Sonn was the advocate, providing significant input throughout the case.