Drink Driving Charge Dropped – Understanding Vulnerability in the Justice System

At M.A.J Law, we recently represented a client whose case was dropped before reaching trial - a decision that highlights the importance of recognising vulnerability within the criminal justice system.

Our client, who will remain anonymous, is deaf and unable to read. He was charged with drink driving, and at first glance, the prosecution’s evidence appeared strong. However, from the very beginning, it was clear to us that our client faced significant barriers to communication that had not been properly addressed during the police investigation.

The Case

Following his arrest, our client was asked to complete a series of procedures, including providing a sample for analysis and understanding his legal rights. But without appropriate support, including a qualified interpreter or simplified written communication, it was evident he did not fully understand what was being asked of him.

Despite this, the police continued with the procedure.

When reviewing the evidence, our legal team immediately identified serious failings in how the police managed his vulnerabilities. These failings raised concerns about whether our client had truly understood his rights, his entitlement to legal advice, or the nature of the requests made to him.

The Outcome

We challenged the prosecution’s case on the basis that our client could not give informed consent to the procedures carried out.
After extensive representations, the case was discontinued in court.

This outcome was not simply about proving or disproving the alcohol reading - it was about ensuring fairness for a person who was placed at a clear disadvantage through no fault of their own.

Why Vulnerability Matters in Criminal Proceedings

The law recognises that some people, due to a disability, learning difficulty, or mental health condition, may not be able to understand or follow legal processes in the same way others can.

When the police fail to take these factors into account, it can undermine the fairness and reliability of the evidence. In such cases, it’s not uncommon for proceedings to be stopped, or for evidence to be ruled inadmissible, because the individual’s rights were not properly safeguarded.

How Vulnerable People Should Be Treated in Police Custody

Every police force in England and Wales is required to identify vulnerability and take steps to support the person in custody. This may include:

• Providing an appropriate adult to assist with communication

• Ensuring access to a sign language interpreter or translator

• Adjusting written documents into accessible formats

• Allowing extra time for explanations and understanding

When these safeguards are ignored, the investigation itself can become fundamentally unfair.

How We Help

At M.A.J Law, we believe that justice means fairness for everyone, including those who may find the system hardest to navigate.

Our solicitors have successfully defended a number of cases involving vulnerable individuals, including those with communication difficulties, autism, learning disabilities, and mental health concerns.

In every case, we look beyond the evidence and ask the important questions:

• Was the person able to understand their rights?

• Were they supported appropriately during arrest and interview?

• Were the police procedures lawful and fair?

If the answer to any of these questions is no, we will fight to ensure the case is challenged, and, where appropriate, dropped.

In Summary

This case is a powerful reminder that not every drink driving charge is straightforward. Behind every case is a person, and sometimes the most important defence is not about the reading or the procedure itself, but about whether the system treated that person with fairness, dignity and understanding.

If you or someone you know is facing a drink or drug driving charge and has communication or understanding difficulties, speak to our specialist defence team.

☎️ Free Initial Advice: 0151 422 8020
📩 Contact us today: www.majlaw.co.uk