Overview:
Ashworth Motoring Law acted for a young client accused of drug driving and successfully avoided a conviction and disqualification after a long-running and heavily contested case marked by repeated evidential problems. Shortly before the trial, which was due to take place at Basingstoke Magistrates’ Court, the Prosecution discontinued the case.
Background and history of the case:
The allegation arose from a police stop in Hampshire. Our client was accused of driving with a proportion of THC (the psychoactive compound in cannabis) in his blood above the legal limit. As with many drug driving cases, the prosecution relied heavily on the blood analysis and the accompanying scientific paperwork.
What should have been a straightforward summary case became anything but straightforward. The matter went through early hearings, case management directions, and the case was still ongoing more than two years after the original allegation. Throughout that period, the defence position remained that the prosecution evidence required careful scrutiny and that important issues had not been properly addressed.
Problems encountered:
The defence faced repeated problems with the prosecution evidence. Key expert material served by the Prosecution was not properly readable, and some sections were completely missing. In practical terms, that meant the defence could not simply accept the scientific evidence at face value. These were not side issues: they went to the heart of how the reported result had been calculated and whether the analytical process was working correctly.
Further concerns arose about the blood sample itself, and the evidential procedure undertaken by the officers in the case
How we approached the defence and how we won:
From the outset, Ashworth Motoring Law approached the case with precision and intricate detail. We scrutinised the Prosecution evidence rather than treating the allegation as routine. We obtained a signed account from our client, secured a supporting witness statement, and identified procedural and evidential weaknesses that required proper investigation.
We also instructed an independent forensic toxicology expert at the top of his field, who was instrumental in identifying challenges to the Prosecution expert material.
We relentlessly challenged the CPS evidence and identified weaknesses in their case. We kept the issues forefront and centre before the CPS and Court and remained prepared for trial as the case progressed through further hearings.
The outcome was clear and decisive. Before the trial, the CPS served a Notice of Discontinuance stating that there was not enough evidence to provide a realistic prospect of conviction. For our client, that meant the prosecution was brought to an end without a conviction
Why the stakes were high for this client:
This case mattered a great deal to our client. He was a young driver whose future career was on the line, with the consequences of a conviction spelling a minimum period of disqualification of 12 months, significant increases on future insurance premiums and the conviction would have been recorded on his criminal record and driving record.
What our client had to say in his testimonial feedback review:
“Our case was challenging because of the Judge who oversaw proceedings. However, the persistence of the team (The barrister, the forensic expert and everyone at Ashworth) who continuously requested the relevant supporting evidence from the court was, to my mind, the primary reason why we were successful.“
When asked what he liked most about Ashworth Motoring Law’s services, he said:
“The business is proactive. You continued to chase the courts on our behalf and came up with ideas and approaches that gave us the best chance of success.
Were very happy with the service you provided us. Clearly, we were successful with the case, but even if we had not been we still would have been satisfied that you did everything that you could have done to help us.“
Solicitor in charge of the case:
Senior Solicitor-Advocate, Alison Ashworth; Managing Director of Ashworth Motoring Law.
Why clients instruct Ashworth Motoring Law:
This case illustrates the value of detailed preparation by specialists in motoring law matters. Ashworth Motoring Law analysed the papers carefully, identified weaknesses in the prosecution case, persisted with challenges to the Prosecution case over a long period, and used expert evidence where the scientific material required independent examination. Just as importantly, we stayed prepared for trial rather than allowing unresolved evidential problems to pass unchallenged.
Not every drug driving allegation is as strong as it may first appear from the Prosecution papers. Where the science, the paperwork or the procedure does not stand up to proper scrutiny, that must be exposed. Our role is to look closely at the evidence, protect our client’s position and challenge weak prosecution material with insight and determination. That measured approach is exactly what led to the final result in this case.
Contact Ashworth Motoring Law:
If you are facing a drug driving allegation or any motoring offence that could put your licence at risk, specialist advice should be taken as early as possible. Contact Ashworth Motoring Law promptly on 0330 33 22 770 for experienced, focused representation and a careful review of the evidence against you. The earlier we get involved, the more we can do.
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