Robert R., an 81 year old man, has had a tradition of going to his local pub for a few pints of beer. Although he would typically drive there, he’d usually take a cab home and retrieve his truck the next day.
One of these evenings, he left the pub and walked up to his car that was parked. He went to get his keys (which he’d often leave in his truck) and pick up some library books which he had taken out earlier, to take home.
Just after he jumped into his driver’s seat, a passing police officer approached him and told him to get out of the vehicle. The police officer had smelled booze on his breath and accordingly requested a roadside breathalyser.
Ultimately, this client was charged with care and control of a vehicle while over the legal limit.
When he saw David Anber, he steadfastly indicated that he was not planning to drive. Yes, he said, the keys were seen in the ignition but that’s where he usually leaves them.
At trial, the police officer said he had seen the keys in the accused’s hands and then saw them in the ignition. The client however said they were not in his hands.
Although it is a higher hurdle than normal to raise a doubt as to whether someone plans to drive, once they jump into the driver’s seat (with the keys in the ignition), Mr. Anber convinced the Judge that in this case he should have a doubt about the client’s guilt.
The Judge agreed.
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