Drink-drive conviction quashed

By Paul McGurk

Motorist Ian Hallett, of Norwich, Norfolk, recently had a drink-driving conviction quashed after he was found to be twice the legal alcohol limit on an unmade road.

Norwich magistrates initially rejected claims that, as it was a service road unused by the general population, it was not covered by drink-drive laws.

However, Mrs Justice Rafferty ordered Mrs Hallett's aquittal on appeal, saying that while his breath alcohol reading was unquestionably over the legal limit, there was no evidence that the public used the road in question, alongside Dereham Road.

A police officer initially stopped Hallett in September 2009, and photographed the area after conducting a breath test.

The judge ruled that, as no evidence had been submitted by prosecutors that the public used the road, it was "reasonable" to say that any tribunal could not have found the unmade road was a public place, as defined in law.

However, those who are convicted of drink driving could face a fine of up to £5,000 and/or 6 months imprisonment. There is also a mandatory disqualification for at least 12 months for the first offence, and car insurance premiums following a ban can be crippling.