What can be done to Fight the Case?

  1. At the forefront of your, must be that the charge is of failing without reasonable excuse. It is not for you to prove that reasonable excuse: once your lawyer has raised the issue, then it is for the prosecution to disprove it. Additionally, they must DISPROVE that defence to the criminal standard; i.e. they must prove beyond reasonable doubt that you did not have a reasonable excuse for failing to provide.
  2. Your lawyer MUST obtain as much of the prosecution evidence as possible before your first court date. It is only by examining the witness statements made by the police, the DVD of the recording of the procedure at the police station, etc., that your lawyer will have any idea about the strength of the case you face. However, he or she will often find that such evidence is only made available at the first court hearing date; no matter how much pressure is put upon the prosecution beforehand. Any competent drink riving or drug driving lawyer will be able to cope with evidence given at court, no matter how late it is received. Similarly he/she should be able advice you, there and then, properly concerning its relative importance as part of the case against you.
  3. However, this is just the start of the evidence gathering. Your lawyer will also need to see the police form MG DD/A, your “Custody Record”, the witness statement’s of other witnesses (possibly civilians), initial police reports, any record of interview with you under caution, etc., In short there is a lot of work to do before and after your first court hearing.
  4. Your lawyer will, if he/she is doing a proper job, need to go through the prosecution case papers with a fine tooth comb; searching for any possible loophole defence. Such defences do not always leap out and hit one in the face. It requires time and patience to go through the prosecution witness statements; custody record; unused material etc., line by line. By doing this (and leaving aside whatever instructions you may give), your lawyer may unearth that killer blow, which knocks the prosecutions case out of the ring!