Drunk In Charge Livingston Sheriff Court Not Guilty After Trial
Our client had gone to stay with her friends over the festive period. During the course of the day she had consumed a large amount of alcohol - as had her friends - and around midnight an argument ensued that ultimately resulted in her being ejected from her friend's house.
With nowhere to go, she went to sleep in the back of her car and await the arrival of her boyfriend to come and drive her and her car home in the morning.
An (apparently) anonymous phone call was made to the police to report a potential drink driver. Police arrived and discovered her sleeping in the back of her car. The engine was off and the keys were above her head on the back seat. The police charge her with a contravention of section 5(1)(b) of the Road Traffic Act 1988
Understandably concerned she contacted our office and we advised that she had available to her a statutory defence that the was no likelihood of her driving the vehicle whilst over the prescribed limit.
We appeared with her and entered a plea of not guilty. The Court assigned the usual diets and we in-gathered all of the evidence in the case. The key to a successful defence is preparation.
The case called for trial on 2nd April 2019 where our Mr Simpson argued the case on behalf of the client. Following the trial, the Sheriff found our client NOT GUILTY of the charge.
As we have said on countless occasions, success rates are meaningless but our track record speaks volumes.
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