Crime Solicitors

The Independent has recently reported on a woman who was arrested for drink-driving after police officers read incriminating messages on her Facebook page.

After a car crash in Michigan, investigators said they tracked one of the alleged drivers to a nearby hotel. There they found a computer which was still logged into the woman's Facebook page and open on a series of messages to another user.

In the UK, the law states that it is illegal to:

1. Drive a motor vehicle;


2. On a public road or in a public place;


3. Whilst over the prescribed limit of alcohol.

Each of these elements is crucial in securing a conviction and the Prosecution must be able to prove each element beyond reasonable doubt.

We have often dealt with cases where there have actually been no witnesses to the suspect having driven the vehicle and this recent story sheds light on a unique (and some would argue inventive) way to help prove this particular element of the offence.

During questioning, officers told a local news channel that the suspect had admitted to being involved in the accident but denied being the driver of the vehicle at the time. She also refused to tell them who had in fact been driving which would usually present some difficulty for the prosecution.

The female suspect however had allegedly told her friend over Facebook that she had been involved in a crash and that she was drunk. Messages were found by police officers and presumably used as part of their case to prove that the suspect was the driver of the vehicle.
There are countless arguments for and against social media but I suspect that on this particular occasion, officers were glad of their suspect’s admission via Facebook!

Author Neil Sargeant is a Road Traffic specialist within the Duncan Lewis Crime Department, based in Harrow. He has specialised in Road Traffic Law since 2008, establishing close working relationships with some of the country’s leading experts in this field and maintaining an outstanding record of client acquittals. His specialist expertise stretch across road traffic law, but are most extensive in:

• Drink Driving (with breath, blood or urine samples);
• Drug Driving;
• Failing to provide a specimen for analysis whether this be breath, blood or urine;
• Being drunk in charge of a vehicle;
• Any type of road traffic case that involves a procedure conducted at hospital;
• Dangerous & Careless driving; and
• Cases involving a fatality.

Duncan Lewis Road Traffic Solicitors

Duncan Lewis Solicitors are specialists in road traffic law, with particular expertise in drug and alcohol-related motoring offences. We can provide free and comprehensive legal advice on any motoring prosecution, regardless of the allegations.

It is crucial that you seek legal advice immediately, as an early opinion in your case can make a significant difference to the end result. Duncan Lewis Solicitors can be on hand to deal with whatever motoring law issue you may have.

For specialist advice please call our Road Traffic specialist Neil Sargeant on 02031141145 or email him on neils@duncanlewis.com.