Yaya Toure the famous Manchester City player recently claimed he has never knowingly consumed alcohol despite recently pleading guilty to a drink driving charge for being over the limit.
He appeared at Barkingside Magistrates’ Court having been stopped previously for driving under the influence in Dagenham, east London.
Having pleaded guilty to drink driving he was given an 18 month driving ban and fined £54,000. Toure did not contest the charge but insisted on telling the judge that he had not knowingly consumed alcohol. The 33-year-old said he was at a party with friends and was drinking Diet Coke from a jug, which he later found out was mixed with brandy. The judge accepted his version of events.
Frank Rogers, Head of the Motoring Prosecution Team at Brown Turner Ross commented;
"This was a curious case because based on his statement is was open to him to plead guilty but to then argue what is known as "Special Reasons" i.e. special reasons for why he should not be disqualified even though
- he would be convicted
- & even though a minimum 12 month ban is then automatic
This is often known as the "spiked drinks" argument. He could have called evidence that he
- had no intention of drinking
- specifically drank diet coke so as to avoid alcohol
- had no reason to suspect that he was consuming alcohol either from its taste or impact on him
Whoever was responsible for mixing the coke with brandy would need to have given evidence & confirmed that
- he had done so
- Yaya Toure had no idea that there was brandy mixed with the coke
- what the mix and strength of the brandy was so that a Forensic report could be obtained
The argument was available but for some reason not advanced making the statement a damage limitation exercise only. These arguments will only succed if all the essential evidential requirements are met and if the evidence shows that the alcohol unwittingly consumed is the casue of the breath alcohol reading being over the prescribed limit.
If you are charged with drink driving or with any driving offence call Frank on our Free 24/7 Help Line 0800 195 7517