Client acquitted of drink driving - Not Guilty

Case study summary

Our client was successful at trial after advancing a post-incident alcohol consumption defence. We obtained medical evidence and convinced the Magistrates that he was not drunk at the time of a collision. Not Guilty.

Case study

Our client was involved in a minor collision with another car just outside his house. He had come inside, where his wife and a family friend were waiting. He had already had a small amount to drink before the accident, but not enough to be over the limit.

In the house, suffering from minor shock, he drank two brandies to calm his nerves. The police arrived shortly afterwards, he was breathalysed, arrested, and later charged with drink driving.

He instructed us to represent him. Because he had not been over the limit at the time of driving, he had a defence to the charge. This defence is called post-driving consumption or also the hip flask defence.

It was not, however, simply a case of disclosing this defence to the police. This defence had to be supported in court by medical reports. We also called his family as witnesses that he had drunk the brandies after driving. One of our drink driving solicitors represented him in court, and he received the following verdict: not guilty, with a warning from the magistrates to take more care when driving.