A motorist caught over the drink-drive limit has argued he cannot be prosecuted because he was on a private campsite road at the time of the incident.
Jason Plummer, aged 35, failed a breath test after being stopped by police at Felmingham, near North Walsham, on 14 February.
Appearing at Norwich Magistrates’ Court, Plummer pleaded not guilty to drink-driving, despite the court hearing that his lowest evidential test recorded 58 microgrammes of alcohol per 100 millilitres of breath. The legal limit is 35 microgrammes.
Abdul Khan, prosecuting, told the court that Plummer had been stopped on the B1145 Aylsham Road.
However, Chris Brown, defending, said Plummer would be contesting the offence on the grounds that he had actually been on a private road leading to Mill Farm Camping and Caravan Park.
Mr Brown said that, as Plummer was a resident of cottages located on the site, he qualified as a
“special class of person”
and argued that, as such, the road could not be classed as a public highway.
He also pointed out that there were clear signs stating the campsite was only open to the public from April to September.
District Judge Sahil Sinha was informed that the prosecution would be reviewing the evidence following Plummer’s not guilty plea.
Plummer is scheduled to stand trial on 14 November.
About Carl Millar
Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.
Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.
With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.
Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535, or click here to send a confidential message.
