February 12, 2018

Not guilty of negligent and dangerous driving: DNA evidence rejected

MH charged with negligent and dangerous driving causing grievous bodily harm

MH was charged with a number of driving offences. It was alleged that he had been driving a car in Collaroy with a friend in the passenger’s seat. It was further alleged that he was excessively speeding, lost control of the vehicle causing it to become airborne and crashing into a premises. As a result the force of the impact caused the passenger to become seriously injured. The driver was arrested and charged with negligent and dangerous driving causing grievous bodily harm. O’Brien Criminal and Civil Solicitors represented him in his case which was heard in the Manly Local Court.

Prosecution relies on DNA evidence

At trial, the prosecution claimed that a DNA swab taken from the blood on the deployed driver’s airbag of the car matched the DNA of MH. The prosecution used this DNA swab as their key piece of evidence in their claim that MH was the driver of the vehicle that had injured the victim.

DNA swabs did not match crime scene

We argued that the DNA analysis did not match with the crime scene because multiple DNA swabs had been taken from different places inside the car. We successfully argued that the DNA evidence was therefore unreliable and cast doubt on the prosecution’s case. The prosecution sought to re-open their case and provide new DNA evidence but the court refused this. As a result MH was found not guilty of the offences he was charged with.

This is just one of many successful outcomes where O’Brien Criminal and Civil Solicitors have represented clients in driving related offences. If you have been charged with a driving related offence and require representation call us on (02) 9261 4281 to book a free initial consultation.