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Between

Applicant Solicitors Regulation Authority Ltd
Respondent James Rafferty

Case details

Allegation Breaches, Criminal Convictions, SRA Principles 2019
Outcome Fine
Executive summary

On 9 May 2023, the Respondent was pulled over in his vehicle by Police due to the nature of his driving. The Respondent refused to provide a sample of breath for analysis and was cautioned and arrested for failing to provide a specimen. On 10 May 2023 the Respondent was charged with an offence of failing to provide a specimen of breath contrary to Section 7(6) of the Road Traffic Act.

On 9 June 2023, at Teesside Magistrates Court the Respondent entered a guilty plea to that offence. He received a sentenced that included a 17-month driving ban (to be reduced by 17 weeks upon completion of a Drink-Drive Rehabilitation Course) and a fine of £3,846.00.

In respect of Allegation 1.1 and the alleged breaches of the SRA Principles 2019, the Tribunal found that the Respondent breached both Principle 1, in that he failed to act in a way that upheld the constitutional principle of the rule of law, and the proper administration of justice and Principle 2 in that he failed to act in a way that upheld public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons. The Tribunal found that there was no breach of Principle 5 which required the Respondent to act with integrity.

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