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John Drake Drink Driving Case Study

Proceedings stayed due to an abuse of process – Not Guilty

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Case Study

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Not Guilty


OCCUPATION: Housing Manager for a Social Housing provider

ALLEGATION: Driving with Excess Alcohol

COURT: Barkingside Magistrates’ Court


GUIDELINE PENALTY: 17 – 22 months disqualification and a maximum fine of £5,000

PLEA: Not guilty

RESULT: Proceedings stayed due to an abuse of process – Not Guilty


Mr Drake was charged with drink driving. He wished to plead not guilty to this offence. Any criminal conviction would have meant he would have lost his job which he had held for 20 years. He has children whom are financially dependent on him and the loss of his job would have been disastrous for all involved.

Facing a charge of drink driving with a possible 17 – 22 month driving disqualification Mr Drake decided to instruct Geoffrey Miller Solicitors to defend his case.

At trial, arguments were raised about the reliability of the specimen that had been produced and the procedure followed by the officers at the police station. These issues raised further disclosure requirements for the prosecution which they failed to comply with. It was successfully argued at trial that the lack of disclosure by the Crown and the way in which they had dealt with the evidence in the case had led to an abuse of legal process. The proceedings against Mr Drake were therefore stayed meaning that the prosecution case could not continue and Mr Drake was not convicted. The Court awarded a Defendant’s Costs order, meaning we were able to apply for part of his costs to be repaid to him by the Court, alongside which he was also awarded Wasted Costs as a result of the way the prosecution had handled the case.


We met the client’s objectives. His reputation and career of 20 years were not affected and neither was the financial provision he provides to his children.

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