CPS have discontinued case after querying lack of evidence

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CaseDismissed

Member
I feel like I have won the lottery!

I sent the Court Admin and CPS an email pointing out that I was relying for my defence on the BWV and Custody procedure videos that the officer specifically mentioned in the witness statement, and I had yet to be served.

I also pointed out that a separate DSAR requesting BWV and Custody Procedure to the main Police Force was now in breach of ICO guidelines (28 days). The 28 days allowed by the court for the prosecution to provide evidence (including unused prosecution evidence) has already lapsed.

This morning, Court Admin sent me an email saying the case has been discontinued. I'm overjoyed, but how can I check this? Will I get a letter clarifying the situation? I don't want any unexpected surprises.
 
I got a big letter from the CPS today (I was sweating profusely) stating

NOTICE OF DISCONTINUANCE

DEFENDANT Me

OPERATIONAL REFERENCE

COURT AND HEARING DATE

Charge Driving motor vehicle when alcohol limit above limit

The decision to discontinue the case has been taken because

There is not enough evidence to provide a realistic prospect of conviction.

This is a big win for me. I spent £0 in legal fees but I spent a lot of time on these forums, youtube and speaking to various Solicitors navigating the different fixed fee packages. I've heard of £10K and £20K costs particularly if you use "Experts" but a lot of people end up getting done.

I was very glad I pleaded not guilty at the first hearing. The evidence was overwhelming but I was glad I didn't give up. I soon noticed holes in the Police statement, it looked like the PC was writing the statement from a different location and was mentioning things like car stuck in some sort of bush (no bush big enough to trap a car), he was slumped over then drove the car backwards and forwards. I bet the BWV does not show this.

The Police unfortunately used violence against me and my car and didn't document these is a use of force document or even on the witness statement. I was also on private land secured by a barrier (very strong defence on its own).

The initial charge on the MG05 was drunk in charge but due to the "histrionics" was elevated to driving excess alcohol. The magistrates at the first hearing queried this but CPS insisted driving excess alcohol.

I was looking at youtube drink driving solicitors defence strategies and I soon noticed a trend of the

- bungling CPS (they don't actually check the evidence)
- missing evidence (BWV and Custody Procedure)
- Police/prosecution witnesses not showing up to Court
- Solicitors challenging CPS via case management on lack of evidence (route I took)

Good luck to anyone fighting or facing a similar battle.
 
Remember, your rights don't end where your fear begins.

Question, question, question the actions of Police and where you stand in the eyes of the law.

Not everyone of the 100,000 or so drink drivers charged annually are guilty. The Police may violate your rights and PACE. How will you know if you don't question the facts of your case and get a legal opinion on it?
 
I did a post in the General Forum on important documents I wish I knew existed and were not covered in the Magistrates Court guide on this forum.

The Magistrates Court Guide is useful but assumes you are going to engage a Solicitor/Barrister (hence maybe why it doesn't even mention the IDPC) https://www.drinkdriving.org/drink_driving_magistrates_court_guide.php

- IDPC (try to obtain this yourself ideally before trial from CPS in your area the Court will give you details, don't rely on you will get it on the day). In my case it was 20-30 pages and on my small phone I could not scrutinise this properly.
- PET Form
- MGDDA

Thread 'The PET Form and IDPC'

I was looking at what happened in my case versus what I can see online in other cases, and even from a search of this forum I can see discussion of the IDPC. There is another important form, and I wish I had known about it, as it ultimately led me to "sniff" my way to victory in my own trial. I cannot see this form mentioned in the Magistrates' Court guide at https://www.drinkdriving.org/drink_driving_magistrates_court_guide.php, or even in a forum search.

The above-mentioned guide doesn't even mention the IDPC. In my case, I received the IDPC from the duty solicitor on...
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