The prosecution is bound by the rules of law and procedure. These rules exist to ensure fairness and justice. It is my job to exploit any failure by the prosecution to apply these rules correctly. In a recent drink/drive case, I exploited such a breach in favour of my client. I following a recent Court of Appeal authority and persuaded the Staines Magistrates’ Court to throw out the case, thereby avoiding the necessity of my client giving evidence or being in danger of a conviction, loss of licence and a possible prison term; he was four times over the legal limit! In addition to having the case thrown out, I successfully applied for my client’s costs, although a recent change in the law only allows recovery of costs in line with the pitiful legal aid rates.

This case clearly highlights that, despite an apparently strong prosecution case with a severe penalty, the prosecution are fallible. A good lawyer can identify and exploit the fault lines in the case.

Keeping up-to-date with recent case law obviously helps; in this particular case, the ruling from the Court of Appeal was very current, the prosecution was only just getting to grips with the report that I had been studying it for some time in preparation for the trial.

As with all things, you get what you pay for. If you want a quality lawyer in Surrey, give me a call to discuss your case.