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Road Traffic Trial Success for Nottingham Solicitor

Nottingham Solicitor Nick Walsh secured a not guilty verdict for a vulnerable client in a road traffic trial.  She had been charged with an allegation of failing to provide a specimen of breath for analysis.  It was accepted that the client had refused to provide a specimen and the trial issue was whether she had a reasonable excuse.

Nick instructed an expert witness to provide evidence as to the client’s medical condition.  The expert gave an opinion based on CCTV footage of the request for a specimen and the client’s reaction, concluding that her subsequent diagnosis of Bipolar Affective Disorder meant it likely that she lacked the capacity to make a decision or act appropriately due to her mental state at the time.

The Crown, surprisingly, chose to call no evidence to challenge that of the doctor but still pursued the matter to trial.  The client was found not guilty.

The client had the additional benefit of receiving legal aid which meant that the representation she received, including the securing of expert reports, was free of charge to her.

 

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