Factual defences cover disputes about what actually happened in a driving offence case, such as whether the speed, position, or alcohol/drug evidence meets the charged offence. A solicitor in this area reviews police reports, dashcam and CCTV footage, breath or blood test results, and witness statements to challenge the factual basis of the case. They may advise on disputing liability, or on preserving and presenting discrepancies at trial in the Magistrates’ Court or Crown Court. This work shapes whether the prosecution has proven the essential facts beyond reasonable doubt and can determine the outcome of the case.
Why this work is usually handled by a solicitor
A regulated solicitor provides professional oversight, handles evidence collection and preservation, challenges improper or inaccurate measurements and interpretations, and ensures compliance with evidence handling rules and client accounts. They can raise evidential defences, argue about the reliability of equipment or procedures, and represent the client in hearings or at trial to test the prosecution’s factual case.
