Louis Adams Secures Discontinuance After Contesting Admissibility of Urine Sample Evidence

Louis Adams instructed by Paul Turner from Millars Solicitors, secured the discontinuance of a prosecution for driving with excess alcohol before Uxbridge Magistrates’ Court.

The case concerned the admissibility of a urine specimen obtained during a hospital procedure following a road traffic collision. The specimen was found to contain not less than 198 milligrams of alcohol per 100 milliliters of urine (107 milligrams being the legal limit).

Louis drafted detailed written representations and subsequently prepared a skeleton argument contending that the specimen had been obtained in breach of the statutory safeguards contained within section 9 of the Road Traffic Act 1988 and should therefore be excluded from the evidence.

The defence argued that, once the defendant was at hospital as a patient, the police were required to notify the medical practitioner responsible for his care before requiring a specimen. The defence relied upon established appellate authority and submitted that, without the specimen evidence, there was no realistic prospect of conviction.

Shortly before the listed trial, the Crown Prosecution Service served a Notice of Discontinuance, stating that there was not enough evidence to provide a realistic prospect of conviction. The defendant maintains his good character.

To instruct Louis, please contact his clerks at graham.colloff@6pumpcourt.co.uk or elliot.styles@6pumpcourt.co.uk