Successful excessive alcohol appeal
Blake Morgan, one of the leading law firms in the UK, is pleased to announce that its client, Robert King, has been successful in having his conviction for an offence of driving with excess alcohol overturned on appeal to the Oxford Crown Court.
Mr King's appeal was heard on Wednesday 21 November at Oxford Crown Court.
The Crown Prosecution Service explained that calibration data supplied by the Forensic Scientist relating to the sample of blood provided by Mr King was incorrect. However the data now revealed to be wrong had been served in advance of the original Magistrates' Court trial and relied upon by the prosecution at the trial. Furthermore, this error was not revealed when the defence served an expert report on the reliability of the analysis of the blood sample in April 2012.
Mr King always denied that he had consumed excess alcohol and maintained that there must have been an error in how his blood sample had been tested. He also maintained that his supposed 'incoherence' at the scene was down to a head injury he sustained during the accident, which was backed up by the paramedic on the scene. The paramedic also confirmed to the court that Mr King did not smell of alcohol and that his symptoms were almost certainly due to the head injury. The accident occurred due to the icy conditions on the road.
The Crown Prosecution Service sought to persuade the Judge to adjourn the case until June 2013. The Judge refused the application and the Crown Prosecution Service offered no evidence against Mr King, who was awarded a Defendant's Costs Order.
Tim Williamson, Head of the Blake Morgan's Drivers Defence team, said: "This was a particularly complex case that involved careful analysis of the quality of the evidence held and relied upon by the Prosecution. We felt that there were gaps in the Prosecution's evidence and that Mr King's charge could be challenged. Our client always denied any wrongdoing and it was our view that there was merit in his Appeal against conviction and sentence, and we are very pleased that Mr King was acquitted on Appeal."