High Level Driving Driving Eventually Dropped

Kept Licence
Perth Sheriff Court and Justice of the Peace Court

This case was actually pre-pandemic and involved a particularly serious allegation of driving whilst in excess of the prescribed alcohol limit. The matter eventually concluded in November 2022 at Perth Sheriff, nearly three years after the incident and resulted in the prosecution discontinuing proceedings.

The evidence in the case was to the effect that the accused was found in his car in an extremely intoxicated state: barely conscious and unable to speak properly or exit the vehicle. Having obtained provisional instruction from our client, it became clear that there were several flaws in the
investigation which supported the submission of a NOT GUILTY plea.

The Crown, understandably, made great efforts to rectify the issues however the case reached the end of the line when the matter called for trial (for around the 4th time).

The case involved a large amount of case law and complicated legislation. The importance of the Police and others involved in the investigation of a criminal case following proper procedures should never be underestimated. The fact remains that the only reason our client was acquitted was, quite
simply, down to a failure on the part of those charged with the important task of fairly obtaining evidence.

 Kept Licence!

Published: 03/11/2022

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