In late 2018 my client was charged with being in charge of a motor car whilst over the legal alcohol limit. In short, the police had found him asleep in his car during the early hours of the morning. The breath result was well over twice the limit. His explanation was that he had taken the decision to sleep there because he knew he had had too much to drink, and in the morning he had planned to contact either his parents or someone else to pick him up and driving home. He would then have collected his car much later in the day when he was safe to drive. The police did not believe him and so they charged him with the offence. The conviction would have led to a minimum disqualification of 12 months and for him a disastrous loss of job.

In January 2019 a toxicology report was obtained and presented to the Crown Prosecution Service in February. It showed the time when my client would have been below the legal limit. Other evidence was produced to show that it was very likely he would not have driven before this time. The evidence was reviewed, and the Crown Prosecution Service dropped the case.