5 Paper Buildings Road Traffic Barristers

Drink Driving Aquittal

Carolina Bracken represented a client charged with driving with excess alcohol. The police officer who arrested the defendant gave evidence that he noticed the defendant's breath smelled strongly of alcohol, his eyes were glazed, and he was unsteady on his feet. The officer alleged that the defendant had accepted drinking a significant quantity of whisky prior to driving his van. In cross examination by Carolina Bracken , the officer accepted that he had not made a contemporaneous note of these comments, and that he could not be sure that his record was a verbatim account. The defendant gave evidence that he had had only one drink before driving, but several drinks after he left the van. The magistrates concluded that they had "no way of knowing" exactly how much the defendant had had to drink before driving "due to the many inconsistencies" in the evidence, and for that reason acquitted him of drink driving.