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DECANI – HIGH COURT JUDGMENT

Decani – an adjournment that should never have been granted was challenged due to the apparent unfairness of the decision and reasoning given by the court. The High Court agreed with us and our client was acquitted as a result.

“Further, it appears to me somewhat unfair to suggest that the issues raised on behalf of this claimant, “[…] were very closely analogous to Hassani”. This claimant was not raising every conceivable point in order to frustrate the administration of justice. The points which were raised on the PET, and which I have set out above, were within a relatively narrow compass and in relation to Police Sergeant Varotsis arose from the claimant raising his statutory right under s.16(4) of the 1988 Act to have a certificate proved. Points in relation to the accuracy of the breath testing machine were supported by the expert evidence of Dr Mundy, based on the claimant’s account. Whilst Mr McGuinness is entitled to point out that there was a lengthy list of further potentially technical issues in relation to the operation of the Intoximeter machine providing a false reading, those are only raised in the context of the preliminary points or the points which lay the ground for those contentions, namely the contentions raised in respect of the amount that the claimant had had to drink and whether that could properly give rise to the Intoximeter reading, an avenue of defence specifically adverted to by Irwin LJ in para.15 of the decision of Hassani. In short, there was no suggestion on any side before the justices that this was a claimant who was playing games. He was pursuing a legitimate defence, supported by evidence. He was making a positive case, not needlessly putting the prosecution to proof.

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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.

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Do You Want To Feel Like Brian?

Speeding Solicitors

Take a look at this live footage taken from ITV’s documentary "Driving Me Crazy" showing our client, Brian Wiltshire walking out of Preston Crown Court after securing a victory in appeal against a speeding conviction. This could be you…

DRINK DRIVING BAN CALCULATOR

The Magistrates’ Court Sentencing Guidelines is a tool used by the Magistrates to decide on penalty. Try our drink driving ban calculator or our speeding ban calculator to give you a rough idea of the penalty you could incur…

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DRINK DRIVING COST CALCULATOR

Based on our 2020 market research you can use this form to calculate the likely costs including increased car insurance cost if you were to be convicted for drink driving...

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DBS CHECK CALCULATOR

A CRB check is a Criminal Record Bureau Check and is designed for employers to run on employees or potential employees. It’s now changed to a DBS check which stands for Disclosure and Barring Service. Use our DBS Check Calculator to calculate if your caution or conviction will show up on a DBS check...

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PRICING STRUCTURES

We have developed a number of pricing structures to suit clients on most income levels. To some clients minimising the level of their legal costs is as important as achieving your objective with an acquittal or damage limitation on penalty…

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