Case Study
Case Summary
The issue
Our client was charged with dangerous driving based on his alleged speed and black box data.
Our Help
KLG Barristers and Solicitors challenged the black box's legality and provided expert speed analysis.
Court Conclusion
With key evidence dismissed and new context, our client was acquitted.
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Dangerous driving
Introduction
Driving on the road brings with it a set of responsibilities, and sometimes, unintended consequences. When faced with allegations that challenge a person's actions on the road, the evidence presented can significantly impact the outcome.
KLG Barristers and Solicitors recently delved into such a situation, championing the cause of a client accused of dangerous driving. This case serves as an illustration of how meticulous attention to detail and a deep understanding of the legal landscape can reshape the narrative in a courtroom.
Note: While the essence of these legal battles remains accurate, specific details have been sufficiently altered to maintain anonymity.
Background
Our client, someone with no prior infractions, suddenly found his world overturned when he was charged with dangerous driving that resulted in bodily harm. At the heart of this charge was the contention surrounding his speed during the incident. As the legal proceedings began, it became abundantly clear that the data from his vehicle's black box would be a linchpin in the Crown's case against him. This piece of evidence, combined with a video capture of the accident, formed the root of the allegations he faced.
The primary evidence against our client was the data from the black box, which suggested excessive speed. This was further corroborated by video footage, through which the Crown's expert attempted to approximate the speed of our client's vehicle. With these two formidable pieces of evidence, the task was to dismantle the narrative of dangerous speeding presented by the prosecution.
Our team meticulously examined the evidence collection process and identified a gap: the black box data had been procured without a proper warrant. We launched a charter challenge, asserting the illegal nature of this evidence collection. This challenge was successful, leading to the exclusion of the black box data from the trial.
To address the video evidence, we turned to an expert in defence. This expert analyzed the speed patterns of other drivers at the time of the accident, revealing a trend: most vehicles were exceeding the speed limit. This context suggested that our client’s driving was in line with the prevailing traffic conditions and was not anomalously dangerous.
Armed with a successful challenge to the black box evidence and a fresh perspective on the driving conditions, the scales of justice tilted in our favour. His actions on the road were viewed within the broader context of the traffic patterns at that time. Consequently, our client was acquitted, highlighting KLG Barristers and Solicitors' dedication to diligent defense and the pursuit of justice.
KLG Barristers & Solicitors operates as a dynamic legal consortium, fostering an environment wherein attorneys and paralegals collaborate in an associative framework as opposed to a conventional partnership.
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