Crime Solicitors

It was widely reported that Wayne Rooney faced an allegation of drink-driving and was due to appear at Stockport Magistrates’ Court towards the end of September. The arrest sparked some debate about the responsibility such stars have when they are admired by millions of children around the world and some call for heavier sanctions to be put in place to ensure that such behaviour is not seen as justifiable under any circumstances.

Drink driving charges still carry a significant degree of stigma and it is uncommon to meet an offender who willingly discusses the circumstances of their conviction. Questions are usually met with a degree of shame or are shushed into silence, but those in the limelight have no such luxury of discretion. News of Rooney’s arrest hit the front pages nationwide almost instantly and will have no doubt been a talking point for millions of people (football fans or not) around the globe.

Legal Penalty

Mr Rooney was disqualified from driving for 2 years and ordered to do 100 hours of unpaid community work.

For the average Joe, having a criminal conviction of this nature can make travel to certain countries more difficult (if not impossible) and create problems with future employment with many employers classing a conviction as gross misconduct due to how it reflects upon the industry.

Celebrity Protection / Privilege?

As with almost anything, however, celebrity seems to provide some measure of protection against what we could consider “normal consequences”, particularly for the more celebrated of the group.

Ched Evans was convicted of rape in 2012 and spent two and a half years in prison before having his conviction quashed at re-trial. Due to the media surrounding the case, many people had already deemed Evans “guilty”, regardless of what the court said. The fact the conviction was quashed did not protect Evans from public outcry following his re-signing to Chesterfield Football Club and calls for him to be sacked and disallowed from playing again were regularly made by members of the public.

In the eyes of the Law, Evans is innocent yet the public still called out for punishment on top of the years he erroneously spent imprisoned.
Certain parallels can be drawn between the treatment of both men and the consequences they face.

Rooney has recently re-signed with Everton following 13 years at Manchester United, during which time he captained the England national team. Evans on the other hand has had a much less decorated career.

In this story, we have a 31-year-old male who has committed one of the most serious motoring offences in UK law, yet every article you read in the press spends more time highlighting his decorated career and goal-scoring ability.

Rooney will be fined £320’000 which equates to a meagre two weeks of his wages but is the maximum that club could impose. This is a man who had reportedly earned more than £13 million as of 2015. What is £320’000 to him?

Following Conviction

Rooney has a criminal conviction.

If Rooney was (for example) an accountant, a lawyer, a doctor or in some other profession that is regulated then there is a very good chance he could face dismissal for gross misconduct. Such professions do not want to be seen to condone such behaviour and therefore disassociate themselves from the individual.

The same rules will likely not apply to Rooney (or any other footballer of his status). To my knowledge there has been no question at all of Rooney being sacked or facing further consequences, even in the event he is convicted. He will likely continue to play, albeit perhaps following a short suspension…..maybe.

In the eyes of the law this is exactly how it should be but should this apply to someone in his position? Even in the event the charges fail, it can be argued that Rooney still put himself in a position to be charged. It is reasonable to assume that Rooney consumed enough alcohol before choosing to get into his car. He then drove his vehicle only to be found by police to be over the prescribed limit at the roadside. Is this behaviour in itself enough to warrant sanction for someone looked up to by the masses of youngsters around the world?

Rooney has been convicted and been sentenced as the law dictates but it is difficult not to question how bothered by this he would be when he is able to continue doing what he loves and earning obscene sums of money to do so. Would the “average Joe” account be justified in his frustration?

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.