Disclosure of evidence in Motoring Cases

Have You Seen the Evidence Against You?

If you have been charged with drink driving or drug driving, one of the most important steps you can take — before entering any plea — is to obtain and review the evidence the prosecution intends to rely upon.

This video from MAJ Law's specialist solicitors explains exactly what evidence the Crown Prosecution Service (CPS) is required to provide, what to look for, and why reviewing that evidence could be the difference between a conviction and a complete acquittal.

What This Video Covers

In this video, our solicitors walk you through:

  • What prosecution disclosure is and why it matters in every drink and drug driving case
  • The Initial Details of the Prosecution Case (IDPC) — the evidence package you are entitled to receive before your first court hearing
  • What the IDPC should contain, including the MG forms, breath test printout, MGDD procedural booklets, and witness statements
  • Common errors and omissions that we regularly identify in prosecution evidence
  • What happens when the CPS fails to disclose evidence — and how this can lead to a case being dismissed
  • Your right, as a defendant, to challenge the evidence — even if you were over the legal alcohol limit

Why Disclosure Matters

Under the Criminal Procedure and Investigations Act 1996, the CPS has a legal duty to disclose certain evidence to the defence. This is not optional — it is a fundamental right afforded to every person charged with a criminal offence.

In practice, the CPS frequently fails to meet its disclosure obligations. Evidence is routinely served late, incomplete, or not at all. In our experience, in the majority of cases we handle, the CPS does not disclose the correct evidence within the required timeframe. This failure can — and does — result in cases being dismissed entirely.

Many people who plead guilty to drink driving do so without ever having reviewed the evidence against them. This is a serious mistake. A case that appears straightforward on the surface may contain significant procedural errors that would, if identified and challenged, lead to a not guilty verdict.

What to Look for in Your Evidence

Our solicitors highlight several key areas to scrutinise in any drink driving evidence pack:

The Intoxilyzer Printout The printout produced by the evidential breath testing machine (usually the Intoxilyzer 9000) must contain specific information. Errors in the printout, including the words "breath difference" or other anomalies, can render the result unreliable.

The MGDD/A and MGDD/B Forms The police officer conducting the breath test procedure is required to complete Manual Guidance Drink Drive (MGDD) booklets with you at the police station. These document the statutory safeguards that must be observed during the testing process. Errors, omissions, or inconsistencies in these forms are a common basis for a successful defence.

Witness Statements The statements from the arresting officer and the officer who conducted the breath test must be consistent with each other and with the other evidence. Contradictions between witness accounts can undermine the prosecution's case.

Blood and Urine Cases If your case involves a blood or urine specimen, additional documents are required — including the HO/RT/5 consent certificate, laboratory analysis reports, and data packs. The HO/RT/5 certificate is time-sensitive under Section 16 of the Road Traffic Offenders Act 1988; if it is not served on the defence at least seven days before trial, it becomes inadmissible.

Don't Plead Guilty Without Watching This First

In our 20 years of experience defending drink and drug driving cases, one of the most common situations we encounter is a client who has already pleaded guilty — on the advice of a general solicitor or because they assumed they had no choice — only to later discover that the evidence was flawed.

Once you have pleaded guilty, your options become extremely limited. The time to challenge the evidence is before you enter a plea.

Watch this video. Call us. Let us review your evidence for free before you make any decision about how to proceed.

Get Free Advice from MAJ Law

Our initial advice is completely free of charge. We can review your breath test printout, identify potential defences, and explain your options clearly and honestly.

Call our team today or submit your details online and a specialist drink driving solicitor will be in touch.