Overview:
Ashworth Motoring Law successfully defended a motorist who faced two charges under 5A(1)(b) of the Road Traffic Act 1988 of being in charge of a vehicle whilst the proportion of controlled drugs in their blood was said to have exceed the prescribed legal limits. Through careful case preparation, persistent challenge to the prosecution’s failures, and the use of independent forensic expertise, both charges were dismissed at Blackburn Magistrates’ Court, with the prosecution offering no evidence. A defendant’s costs order was made in our client’s favour.
The Allegation:
Our client, from Lancashire, was alleged to have been in charge of a motor vehicle on a road in Lancashire when the concentration of two controlled substances, namely Benzoylecgonine (a metabolite of cocaine) and Delta-9-Tetrahydrocannabinol (the psychoactive compound in cannabis) exceeded the limits prescribed under the Drug Driving Regulations 2014. Our client denied the allegations, and the matter proceeded to trial.
How We Approached the Case:
From the outset, Ashworth Motoring Law undertook a thorough review of the prosecution evidence and identified a number of significant issues that were pursued consistently throughout the proceedings:
Challenging the reliability of the blood analysis.
We identified concerns at an early stage about the handling of the blood sample and the analytical procedures followed. A highly respected forensic expert was instructed to examine the underlying data in detail, ensuring that any weaknesses in the scientific evidence could be properly assessed and placed before the court.
Procedural and admissibility challenges.
Prior to the first hearing, we identified issues regarding the lawfulness of the procedure carried out, and challenges were subsequently made to the admissibility of the Prosecution evidence. A specialist trial barrister, at the top of his field represented our client at trial, supported by the attendance of the defence forensic expert.
The Outcome:
On the day of trial at Blackburn Magistrates’ Court, the prosecution offered no evidence on both charges. Both allegations were formally dismissed. The court made a defendant’s costs order in our client’s favour, with legal costs subject to assessment by the National Taxing Team and the expert witness’s expenses to be met from central funds.
This outcome was the product of methodical preparation, a willingness to challenge the prosecution’s evidence at every stage of the proceedings, and the effective deployment of the best forensic expertise. Whilst every case turns on its own facts, this matter demonstrates what determined, well-prepared specialist representation can achieve.
What our client had to say in their testimonial feedback review:
“Following my arrest, I chose to fight the allegation. I researched Motoring Solicitors on the web and chose yourselves to represent me after reading the testimonials and your success rate.
During the 11 months of putting the case together you have kept me up to date with all aspects of the proceedings, always being available should I have need to query anything. Your personal approach made the whole scenario easy to deal with. I felt I was most definitely in good hands and had chosen the correct organization to fight my corner. The end result was proof that I had made that correct choice.”
When asked what they liked most about Ashworth Motoring Law’s services, they said:
“Your personal approach on all email correspondence and telephone conversations has been so very much appreciated. You made me feel extremely at ease and confident that there was a potential positive outcome. I was never left wondering what would happen next – you always offered your availability should there be anything needing explaining or clarifying.“
Solicitor in charge of the case:
Senior Solicitor-Advocate, Alison Ashworth; Managing Director of Ashworth Motoring Law.
Facing a Drug related motoring offence? Contact Ashworth Motoring Law Today
If you are facing a drug related motoring offence such as being in charge whilst over the prescribed drug limit or drug driving, early specialist advice could make all the difference. Drug related driving cases are rarely as simple as the prosecution suggests. The science is complex, the procedures are exacting, and the prosecution’s disclosure obligations are onerous. Where any of these elements fall short, there may be a powerful defence.
Ashworth Motoring Law specialises in technically and forensically complex motoring cases. We have extensive experience in challenging blood analysis, scrutinising forensic disclosure, and instructing leading experts in forensic toxicology. We act promptly, we prepare thoroughly, and we do not allow the prosecution’s failures to go unchallenged. Contact us as soon as possible on 0330 33 22 770 — the earlier we are involved, the more we can do.
