Footballer has driving ban overturned

A local footballer who was banned from driving for failing to provide a specimen of breath has had his conviction overturned by the Crown Court.

Our client was arrested after his Mercedes was involved in a road traffic collision and the police believed he had been drinking. At the police station, our client initially told the police that he would not provide them with a specimen of breath. Under section 7 of the Road Traffic Act 1988, it is a criminal offence to fail to provide such a breath sample when requested by the police if they believe an offence of drink driving has been committed.

Before the police concluded their procedure, our client changed his mind and indicated on a number of occasions that he would cooperate and provide a breath sample. The police however, dismissed our client’s offers telling him it was “too late”. The law however states that suspects ought to be given a reasonable chance to change their minds.

Our client was initially found guilty in the Magistrates’ Court but an appeal was heard today before Derby Crown Court where his conviction was quashed. Our client’s disqualification was revoked and money he has already paid in fines/costs is to be refunded to him.
Throughout the proceedings, our client was represented by Ben Brown (criminal defence solicitor), Sabeel Hussein (Crown Court litigator) and counsel.

If you are facing a motoring law prosecution, please contact our specialist team for expert advice and representation. Contact us on 0333 016 3333 or by completing our online contact form.