Not Guilty No Likelihood Defence Upheld

Our client was found to be in charge of a motor vehicle at the Westerwood Hotel in Cumbernauld. The Crown produced a forensic toxicology report which confirmed his blood-alcohol level at that time was 173 milligrammes of alcohol in 100 millilitres of blood. We did not dispute the reading however the case proceeded to trial on the basis of whether there was any likelihood that the vehicle would have been driven by our client whilst his blood-alcohol level exceeded the permitted limit. This is a well-known statutory defence which was upheld in this particular case and our client was accordingly acquitted.