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Professional client cleared of failing to provide a specimen for analysis

Not guilty verdict - client exonerated
14 August, 2019
Alcohol & Drugs

Lead Lawyer

Case study summary

Our client was stopped by police and failed a roadside breath test. He had a back problem that required him to take powerful painkilling medication, and his back began to hurt after he was stopped.

Case study

He took 2 painkillers and these subsequently reacted with the alcohol and he became disoriented and dizzy. He was unable to blow into the breathalyser at the police station and he was charged with failing to provide a specimen for analysis.

We commissioned medical reports on his behalf supporting the existence of his medical condition and also of the likely effect on an individual of mixing alcohol and that type of painkiller. It was shown that, while there was no adequate warning on the painkillers' packaging, mixing them with alcohol could lead to severe disorientation.

The court considered this a reasonable excuse for not providing a breath sample. Verdict: Not Guilty

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