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Mr Field Drink Driving Case Study

Case dropped in favour of an alternative lesser charge

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Case Study

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Case Dropped

CLIENT NAME: Mr Field

OCCUPATION: Nurse

ALLEGATION: Excess Alcohol

COURT: Cannock Magistrates’ Court

BENCH OR DISTRICT JUDGE: Bench

GUIDELINE PENALTY: 12 – 16 months ban and a maximum £5000 fine

PLEA: Not Guilty

RESULT: Case dropped in favour of an alternative lesser charge

FACTS:

Mr Field was struggling with alcohol and he recognised he had a problem. However on one afternoon, after he had consumed the remains of a bottle of white wine, Mr Field needed more. He drove 500 yards to the nearest shop and parked up. Upon purchasing more alcohol Mr Field had a sobering change of heart; he didn’t want the wine and felt it best to leave it in the car. He planned to walk home and collect the car when he felt in a more positive frame of mind. Mr Field got into the car momentarily to put the wine there and when he did the police approached him. Mr Field was asked to provide a specimen of breath at the roadside and then escort officers to the station for further testing.

Mr Field suffered from health problems (not least partial deafness). These issues formed the basis of an investigation into the procedures that should have taken place the police station and whether or not Mr Field was able to fully comprehend his rights at the police station as a result of his deafness. Expert evidence was considered and other issues were outlined to the Court.

At Court on the day of Trial, after representations were made on his behalf, the charge of drink driving was dropped in exchange for a charge being drunk in charge.

Mr Field pleaded guilty and extensive mitigation was put to the Court who considered that this case was capable of being dealt with by way of penalty points rather than a disqualification (as is an option available for this lesser offence) Mr Field was relieved to receive 10 penalty points and a fine.

Mr Field was soon back in touch when he found himself facing an allegation of speeding. He realised he would be hit with 3 penalty points and then would be liable for a 6 month disqualification. He accepted that he was guilty of the offence but Geoffrey Miller Solicitors were able to present his case to the Court in a way that convinced the Court that Mr Field would suffer exceptional hardship should he lose his licence. The Court therefore used their discretion not to impose any ban. His licence was saved again for the second time in a matter of months!

WHAT THE RESULT MEANT TO THE CLIENT:

Mr Field was involved in a lot of community work, particularly in the field of mental health. He was happy to be able to stay on the road and continue helping others in the community.

When asked about permission to publish this case study Mr Filed was only too pleased to oblige and added that:

“Thanks to your firm I am now working as a Health Assessor and am travelling across the country on a daily basis, happy in doing an important and serious job which I wouldn’t have been able to even consider if things had gone differently.”Mr Field
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