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.

Traffic Driving Offences - Defence LawyersPolice alleged that he had been driving a car in Collaroy with a friend in the passenger’s seat. They further alleged that he travelled at an excessive speed, 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 suffer serious injuries.

Police arrested and charged the driver with negligent and dangerous driving causing grievous bodily harm. O’Brien Criminal and Civil Solicitors represented him in his case which went to a hearing 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 the magistrate found MH not guilty of the offences that police charged him 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’re facing charges of driving related offences and require representation call us. We are on (02) 9261 4281 for you to book a free initial consultation.


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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