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Drink Driving – Private Car Park – Discontinued 15/07/2010

Carl Millar represented Mrs M at the Magistrates Court in Doncaster. Mrs M was accused of driving with excess alcohol on a Hotel car park. The accusation against her was that she was driving in a public place. A private car park would be deemed to be a public place if the public do have access to the private car park. Carl Millar was able to persuade the prosecution to discontinue the case against Mrs M by advancing an argument that the hotel car park was, indeed, a private car park by the fact that only hotel residents and employees were able to use the car park. Normal members of the public would not have been able to use the car park and, if they did, their cars would be clamped. We managed to obtain a detailed statement from the hotel manager and this, coupled with relevant sketch plan and photographs, was enough evidence to persuade the prosecution to discontinue the case against Mrs M. Mrs M was also granted a defendants’ costs order which means that she should receive a partial reimbursement of her fees at least.

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