GET LEGAL ADVICE KNOW YOUR RIGHTS
Below are some very good examples of why expert legal advice is important. All of the examples below are based on real cases that Patterson Law dealt with where our clients were advised to plead guilty by their legal aided solicitor, yet with proper advice and representation from us, walked away with positive outcomes.
CASE 1 - THE FACTS
Mr A was charged with offences of driving without due care and attention, failing to stop and failing to report. It was alleged that the defendant had a minor collision with a gate and subsequently failed to stop and exchange details and/or report the incident to a police station within 24 hours.
The original advice
Mr A was initially called into a police station interview and was represented by the local duty Solicitor.
At the interview Mr A denied hitting the gate. He said he remembered driving into someone’s driveway and left a minute or two later, but said there was no damage to his car and again denied hitting the gate.
He was then shown CCTV footage.
The footage did show him driving into the driveway and then out again however, it clearly showed him driving past the gate and hitting it. It then showed him stopping and getting out to inspect the damage before driving away.
Based on the footage, he was advised to plead guilty. These are offences that carry between 5-10 points, fines, costs and in serious cases even community orders (or custody in very serious cases).
The outcome
After instructing us, we made representations to the police on the basis that the offence took place on private land.
After considering the facts of the case, the police agreed to take no further action. The alleged offences can only be committed on a road or public place (a public place is a place to which the public have and utilise access). It was agreed in this case that the private driveway was neither a road nor a public place and therefore no criminal offences were committed.
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CASE 2 - THE FACTS
Mr B was charged with an allegation of driving whilst unfit through drink.
He had collided with a bus stop post and knocked it over. The police attended the scene and breathalysed him, and they gave a positive reading for alcohol. When they reached the police station, the client provided the evidential specimen of breath, but this time the reading was under the limit. Yet the police still charged him with being unfit to drive through drink.
Throughout the dealings with the officer, the client had made reference to the fact that he had been tired and at one point, the officer even stated that the client fell into a deep sleep.
The original advice
He was initially advised to plead guilty. It was suggested that even though he was under the limit at the police station, because he was over the limit at the roadside, the court would simply find him guilty and it would be very easy to prove that he was unfit to drive through drink.
The outcome
Having viewed the evidence, we advised a not guilty plea. This is because the prosecution must show that it was the drink that caused the defendant to be unfit. Our argument was that this could not be proved, as it could easily have been fatigue.
A not guilty plea was entered at the first hearing and the matter was listed for trial. In the interim we sent multiple letters and emails to the prosecution. The prosecution responded saying they would be wiling to agree an alternative charge of driving without due care and attention. This was agreed and confirmed with the court.
The client could not afford to receive a disqualification or more than 6 points due to their job. The allegation had both a factor indicating culpability, due to admitting driving whilst tired and a factor indicating harm, as damage had been caused to property. Therefore the sentencing risk would be 7-9 points of a disqualification. However, the court does have the power to divert from the sentencing guidelines if they feel it is in the interest of justice to do so.
We took the client’s mitigation and advised on supporting letters. They attended court with counsel and received 6 points and a fine and therefore kept their employment.
FEBRUARY 2023 PHTM
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