Practice Area: Motoring Offences & Criminal Defence
Lead Advocate: Jonathan Mellody (Director)
Charge: Driving whilst unfit through drink (Section 4(1), Road Traffic Act 1988)
Verdict: Full Acquittal (Not Guilty) & defence costs order granted
Case summary
Our client, a young driver of positive good character, faced trial at the Magistrates’ Court charged with driving whilst unfit through drink following a late-night single-vehicle collision.
Following the collision, the client was taken straight to hospital suffering from shock, whiplash, neck trauma, and concussion after vehicle airbags had deployed. Whilst in hospital and prior to formal medical discharge, police officers conducted a Field Impairment Assessment (Preliminary Impairment Test). The Crown alleged that minor balance issues and hesitation observed during physical tests demonstrated that the client’s driving ability was impaired due to alcohol.
A conviction for driving whilst unfit carries severe mandatory penalties, including an obligatory driving disqualification, substantial fines, and the lasting detriment of a criminal record.
Challenging the evidence in a Driving Whilst Unfit case
Director, Jonathan Mellody conducted a meticulous review of both the forensic evidence and police procedural compliance, identifying two fatal flaws in the Crown’s case:
- Objective Forensic Science vs Speculation: Evidential toxicology returned a urine alcohol concentration of 30 mg per 100 ml—less than one-third of the statutory prescribed legal limit of 107 mg. This microscopic trace was entirely consistent with residual alcohol consumed more than 24 hours prior.
- Challenging the Impairment Test Environment: Department for Transport Codes of Practice require a suitable testing environment and careful consideration of a motorist’s injuries. The assessment was administered inside a hospital room nearly three hours after a traumatic collision, with no baseline pupilometer check, without a physical line marked on the floor for balance assessments, and without proper regard to a documented, preexisting knee pathology affecting the driver’s balance.
Cross-Examination exposes weaknesses in the Prosecution Case
At trial, Jonathan Mellody subjected the testing officer to rigorous cross-examination, systematically demonstrating that the officer’s opinion of impairment was flawed and heavily coloured by the mere fact that an accident had taken place:
- Established through live evidence that the client had performed accurately on multiple divided-attention exercises, correctly completing step counts, finger-to-nose tests, and balance holds.
- Extracted key admissions that the officer lacked standard equipment, had judged balance against an imaginary line on the floor, and conceded that the client had not performed disastrously.
- Demonstrated that any slight wobbling or physical tremor was fully attributable to crash shock, whiplash, fatigue, and an established medical knee condition, rather than intoxication.
In closing submissions, Jonathan reminded the Court that an unfortunate driver error reacting late to a turn does not establish impairment, and that attributing physical stiffness to an alcohol level less than one-third of the legal limit was an unsustainable leap of logic. The Prosecution had comprehensively failed to prove either impairment or causation to the requisite criminal standard.
Not Guilty verdict in Driving Whilst Unfit case
The Magistrates accepted the defence submissions in full, concluding that the Crown had failed to prove the charge beyond reasonable doubt.
The client was found Not Guilty of driving whilst unfit through drink. The acquittal preserved the client’s clean driving record, and Jonathan Mellody also successfully secured a Defence Costs Order, enabling the client to recover a contribution towards their legal costs from public funds.
The case demonstrates the importance of scrutinising police impairment assessments, examining the reliability of forensic evidence and ensuring that a defendant’s injuries and medical circumstances are properly considered when an allegation of driving whilst unfit is brought.
If you are facing an allegation of driving whilst unfit through drink or drugs, MK Law’s criminal defence solicitors can advise you on the evidence, the legal issues in your case and the options available to you. Legal aid is extremely unlikely to be available for these types of driving offences, meaning you will need to fund your defence privately. Contact our team to discuss your circumstances and obtain advice on the likely costs of representation.
