12 March 2014
Rapper Professor Green & the "Hip-Flask" Drink Driving Defence
It has been reported in the Mail that rapper Professor Green has been charged with drink driving after a crash involving his Mercedes outside his London home.
The case is clearly at a very early stage in proceedings so we do not have all the facts however looking at the information that I have this makes for a rather interesting case.
As a Driving Offences Solicitor I look at these stories with interest. The fact that Mr Manderson (aka Professor Green) initially called the police himself and the police have not charged him with perverting the course of justice (a much more serious offence) makes it rather thought provoking.
I have had many clients in similar positions that have succeeded by using the defence of what is called post incident consumption, also known as the “Hip-flask Defence”.
The basics of this defence are rather obvious, in that if one consumes alcohol after having recently driven, and is then breath-tested by the police and found to be over the limit, they are often prosecuted despite their protestations. If you find yourself in this position, honesty is always the best policy as you should inform the police of what you drank and where, as well as where the bottles/glasses/cans are located to help confirm your account of events.
Forms are usually filled in at the station to enable a back calculation to be conducted by an expert to establish the credibility of the account. The back calculation, whilst accurate, also refers to a range of potential readings and therefore even if an account is possibly true, the Crown Prosecution Service may still pursue a case, leaving it for the court to decide. For the clients that I have defended we have made sure that we have all the facts so that we can successfully assist them something which I am sure is true in this case.
This MAY be a similar situation to that of which Professor Green finds himself. I’m sure it will be an interesting case when it eventually gets to Court.
Slater and Gordon Lawyers have a 93% success rate defending traffic offences. For a free consultation call freephone 0808 175 7998 or contact us online and we will call you.