Details of the offence & Court Hearing - Evie's Case Study

ATTENDANCE NOTE

CLIENT’S DETAILS

DETAILS OF THE OFFENCE & COURT HEARING

Evie’s incident happened on 1st September 2017 at around 10:35 p.m. Evie has been charged under s5 of the Road Traffic Act 1988, the offence being driving with excess alcohol as she had a reading of 90 micrograms of alcohol in 100 millilitres of breath meaning that she was well over the legal limit. Evie was bailed from the police station as she is asked to go to court and appear at Kempston Magistrate. Evie’s court hearing will start at 9:30 a.m on 17th of September 2017.

FACTS & DETAILS OF INCIDENT

(i) Before being stopped by police:

On the night of 1st September 2017, Evie was invited to her friend Tiffany Jones's birthday party. Tiffany had also invited 20 other friends to her party that night. Evie had to drive her car to the party at Tiffany’s house that night which was 5 miles outside of Kempston. Evie tells Ravi that the plan was to start the party at Tiffany’s house and then go into town for clubbing later. Evie admits that she had a lot of champagne and vodka shots as they were all playing drinking games and that she never intended to drive that night as Tiffany’s parents had already booked four taxis to pick them up at around 10:00 pm so that they could go into town and go to Hustle which is the name of the new club in Kempston. Evie had already informed her dad’s friend to come and pick up the car later the next day thus she intended to leave her car at Tiffany’s house. But Evie had to drive into town when she found out that Tiffany and her friends left her behind. She tells Ravi that when the taxis arrived, she was in the bathroom and therefore they left her behind thinking she was in one of the taxis. This had made Evie upset and she tried Tiffany’s mobile but there was no answer which made Evie more furious thus losing her temper, she grabbed her car keys and drove towards Kempston. Evie was about 3 miles away from Tiffany’s house driving towards Kempston when she took the ridge around a bit fast that led the police to stop Evie’s car. Evie was stopped by the police at around 10:35 pm.    

(ii) After police involvement:

The police said to Evie that she was swerving in the road and that the police could smell alcohol on her breath. The police then asked Evie to do a breath test which she failed as her reading was well over the limit. Because of this, the police then arrested Evie for driving with excess alcohol and took her to Kempston police station. Evie was asked to do another breath test when she got to the police station and she had failed the test again as she had a reading of 90 micrograms of alcohol in 100 millilitres of breath which was well over the legal limit. Thus the police had arrested and charged Evie for having a high reading of alcohol while driving and later bailed Evie telling her to come to the Magistrates court on the 17th of September 2017.

ADVICE GIVEN TO CLIENT

(i)  The plea and court hearing:

Ravi advised Evie the law in relation to driving with excess alcohol and why this case is a serious situation involving a criminal offence. Ravi tells Evie that she was charged under s5 of the Road Traffic Act 1988 with the offence being driving with excess alcohol. Ravi also tells Evie that it is up to the prosecution to prove that Evie was driving with excess alcohol in her breath. And thus Ravi explained to Evie that, for a police to stop a car and give a roadside test, the police must have reasonable grounds to suspect a driver is driving with excess alcohol in their blood. In Evie’s case the police had carried out the correct procedures on that night as the police had noticed Evie driving too fast and swerving at the roundabout and that led the police to stop Evie’s car. He could smell alcohol in her breath and thus she failed the roadside test as well as when she was tested again at the police station as she was well over the legal limit thus resulting in Evie being charged with a criminal offence. Ken Knowles had asked Ravi if there was any technical get out for his daughter Evie but Ravi said Ken that, as the police officers had followed correct procedures on that night, there is no technical get out for Evie.

Ravi has advised Evie to plead guilty that she agrees to do so and Ravi has also asked her to instruct him to prepare a plea in mitigation to present to Kempston Magistrates on her behalf.

Ravi then explained to Evie that a plea in mitigation is a chance for Evie to explain to the court how sorry she is for what she has done and why in her circumstances, the court must be lenient as possible with her when sentencing. Ravi also tells Evie that she should go to the court as she was bailed from the police station to appear at Kempston Magistrates. Ravi has warned her that if she isn’t at court at 9:30 am on the 17th of September 2017, a warrant will be issued for Evie’s arrest and a further charge for failing to appear will be added to the driving with excess alcohol charge. Ravi makes it clear to Evie to bring her driving licence and other relevant documents to the court with her and a checkbook to pay the fine and any prosecution costs.