Self representing at a magistrates trial for driving over the limit of thc

Convicted Driver Insurance

Kubis

New member
Hi Martin,

So I pleaded not guilty and got a trial date for 4th of December. I know my case could easily be won or trown out if I get a solicitor to represent me, While I have’nt seen the evidence yet, for some reason I thought it will take months to get a trial date after plea hearing..
my first question is how do I formaly request evidence from cps like an email, kinda need it asap. Would need arresting officers statement, police station nurses statement, mgdd forms, video of blood test being taken, detailed blood sample analysis, police dash cam footage.
I have a feeling arresting officer fabricated the story, made a false claim for the reason for stopping me and gave no reason for asking to stick my tongue out and drug test me. I’ve done nothing wrong, no driving offenses, eyes didnt look red, no signs of drug impairment, no smell of weed in the car, etc.. no reason to suspect I was on drugs. The only reason I was stopped and tested cause I was out of town, read the plates.
So my other question is could I form a defence on basis that police was acting unlawfully and didnt follow the right procedure, so the blood test could not be used as evidence or even if cross examining police officer and proving that what hes saying is a lie, how much would this affect the prosecutions case(I have a witness to back it up what didnt happen)
Does police officer or the nurse have to say on camera, before my blood was taken out, that if I refuse the blood test I will be charged with different offence, I know I was asked if I consent to the test and I said yes, but what if I say I was never informed about my right to refuse, if its not on video.
And finally what are the odds of getting a good outcome if I represent myself, assuming If I cant find any technicality that can get me aquitted, so prepairing good cross examination, my own statement what happened, my witness statement and an oscar worthy mitigation speach:) I sorta like the challenge and I’m confident enought to do it, or in your expierence this would be stupid and I should get legal representation asap if I have any chance of favorable outcome. Thanks for reading.. if I’m way over my head, please let me know also. :) Sorry for the typos


regards,
Paul
 
Last edited:

Martin Hammond

Solicitor
Good morning.

This is one of those questions that get posted from time to time which are very hard to answer. Yes, cases are won every day through technicalities but this is usually because the lawyer knows how to turn errors in the case into a defence. Usually unrepresented defendants come across highly skilled CPS lawyers who are more than equipped to form a strong argument to say that small errors in the procedure should not lead to an aquital. I admire your spirit but the answer to your question is that a good lawyer will definitely do a better, job but you never know how a case will go and you may get lucky and hit upon something that will be enough to get the Court on your side. Just be careful what you read on the Internet about what can work because the web is full of outdated rules.

Kind regards
Martin.
 
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