Nitrous oxide balloon driver acquitted; Richard Dawson defending

RK was alleged to have passed out while driving after inhaling nitrous oxide gas from a balloon while driving. Both RK and his passenger sustained serious, life-threatening, injuries in the ensuing collision. RK was charged with causing serious injury by dangerous driving. The age of the offence pre-dated the coming into force of the lesser alternative offence of causing serious injury by careless driving.

While this case began life with a variety of technical legal arguments, involving a variety of experts across different specialisms, Richard having successfully argued for the exclusion of various pieces of evidence as unreliable, the case reverted to an old fashioned credibility contest.

RK conceded that he must have driven carelessly, as he obviously clipped the kerb edge of a central island, causing his tyre to burst and thereafter the loss of control of his motorcar. He conceded that he was inattentive momentarily, as he was flirting with his passenger. He asserted that he had been invited back to her house, having been flirting with each other all evening, which she denied. However, he denied cracking a canister and doing a balloon while driving, while steering with his knees, as she asserted. The Jury simply could not be sure where the truth lay – and duly acquitted.

Richard was instructed in this case by Steven North at Kennedys.

Richard led the Defence team, working closely with his Instructing Solicitor, in conjunction with the lay client; advising on the instruction of specialist experts and preparing detailed legal arguments pre-trial. Richard’s flexible approach guided the team through challenges as the evidential picture repeatedly changed; but always working together, motivated to achieving the Not Guilty verdict for the client.

Steven North showed indefatigable patience and enthusiasm at every stage of proceedings, ensuring that the professional client was fully informed and engaged with every change of direction; and he had the absolute confidence of the lay client throughout.

Richard is an expert trial lawyer, specialising in road traffic law and defending drivers charged with offences arising out of catastrophic injury and fatal accidents.

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