Facing a drink-driving allegation is daunting for anyone, and this was certainly true for Jennifer from Birmingham, who found herself charged after producing a breath reading of 88 microgrammes—over two and a half times the legal limit of 35. With the risk of a significant driving disqualification, a criminal record and the real possibility of losing her job, Jennifer instructed Momentum Solicitors to examine the case with precision.
How Momentum Helped After Serious Procedural Concern
From the outset, our team identified a serious procedural concern: the statutory warning had not been given to Jennifer during the breath test procedure. This warning is a mandatory safeguard, ensuring defendants understand the consequences of refusing or failing to provide a sample. The absence of such a warning can render the entire procedure unreliable. This immediately became a central issue in our defence strategy.
However, a further and even more serious problem soon came to light. Despite multiple court hearings leading up to the trial, the Crown Prosecution Service failed to serve any evidence whatsoever. Not a single document was provided—not the MGDD procedural forms completed by the police, not the schedule of unused material and not even the basic evidential paperwork that the prosecution is legally required to disclose.
This continual failure meant that Jennifer had no way to understand the case against her, and the defence had nothing to respond to. With the trial date approaching and the CPS still failing to comply with its legal obligations, it became increasingly clear that the prosecution’s case was fundamentally flawed.
At The Trial
On the day of trial, the CPS attempted to rescue its failing case by making a late application to vacate the trial, effectively asking the court for more time to gather and serve evidence – evidence that should have been disclosed months earlier. If granted, this would have prolonged the ordeal for Jennifer, requiring her to attend further hearings and leaving her in a prolonged state of uncertainty.
Our advocate made robust submissions opposing the adjournment, arguing that the prosecution had repeatedly ignored its responsibilities, had failed to comply with court directions and had provided no good reason for the significant delays. The court agreed. In a decisive ruling, the judge refused to adjourn the case.
With no evidence to rely on and no adjournment available, the CPS had only one option remaining: the case was discontinued in full. Jennifer walked out of court completely free of the charge, and we successfully secured a Defence Costs Order, ensuring she recovered her legal fees.
This case demonstrates the importance of procedural fairness and proper legal representation. Even when the breath reading is high, a prosecution can collapse if essential legal safeguards are ignored or if the CPS fails to meet its obligations. Jennifer’s outcome shows how vital it is to have a specialist motoring solicitor scrutinising every aspect of the case – not just the reading itself.
Speak to Momentum Solicitors Today
If you are facing a drink driving allegation or believe that the police or CPS may not have followed correct procedure, Momentum Solicitors offer a free initial assessment and no-obligation advice. Contact us today to speak with a specialist who can protect your licence, your livelihood and your future.
