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Mr A had been charged with an allegation of drink driving. It was stated that the proportion of alcohol in his urine was above the legal limit. Mr A had pleaded not guilty to the offence and his case was adjourned for trial. Mr A conducted his own case and was convicted after a trial. Mr A then contacted Paul Turner to discuss the prospects of success at an appeal. Having heard Mr A’s case and obtaining a copy of the prosecution papers, Paul advised Mr A that there were good prospects for an appeal against conviction. Mr A instructed Paul to lodge an appeal and an appeal was lodged with Dartford Magistrates Court.
Mr A’s appeal was heard at Maidstone Crown Court. Prior to the appeal commencing, representations were made to the prosecuting Counsel. It was highlighted at this point that there were issues with the Crown’s case, namely the continuity, and also with the urine procedure. Based upon these strong representations and the flaws in the Crown’s case, the barrister for the Crown Prosecution Service offered no evidence and did not oppose the appeal. The appeal was therefore allowed. The original verdict of the Magistrates to convict Mr A was overturned and a not guilty verdict was recorded. The Court also awarded a defendants’ costs order. Needless to say Mr A was delighted with the result as the conviction was removed, as was his disqualification from driving.
It is not uncommon for motorists to defend their own cases, but with our expert advice and representation, you may be able to achieve success at Court without the need to appeal.