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Mr J Gaynor Drink Driving Case Study

Driving with Excess Alcohol

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Case Study

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OCCUPATION: Operations Manager

ALLEGATION: Driving with excess alcohol

COURT: Wellinborough Magistrates’ Court


GUIDELINE PENALTY: 36 to 40 month disqualification a maximum fine of £5,000.00 as Mr Gaynor had already been disqualified for driving with excess alcohol three years prior to this arrest.

PLEA: Not Guilty

RESULT: Acquitted


Mr Gaynor went to a local pub with his friends where he had two pints of lager and felt he was more than fine to drive home. On his way home he was stopped by a police car and asked if he had been drinking. Mr Gaynor had nothing to hide and openly told the officers that he had had two pints of lager. He was then breathalysed at the roadside and found to have failed. Following this he was arrested for drink driving and taken to the local police station.

Mr Gaynor gave a further two samples of breath when at the station, the lowest of which was 42µg in 100ml of breath. Mr Gaynor decided to exercise his statutory option and replaced his breath sample with a sample of blood. He was able to do so because, although he was over the legal limit of 35µg in breath, his sample was under 50µg. His blood sample once analysed, was found to contain 90mg of alcohol, the legal limit being 80mg per 100ml of blood.

We were able to analyse all evidence available to us and identified a number of deficiencies in the Crown’s case. Our client’s consent to take his blood had not been obtained pursuant to correct procedure. Our expert barrister demonstrated this to the Magistrates and they ruled that Crown’s doctor’s evidence to be inadmissible. The Crown therefore had no evidence that Mr Gaynor was driving with excess alcohol and he was acquitted.


Mr Gaynor was very relieved to be able to keep his driving licence and very happy with our level of service and expertise.

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