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Bexley MC – R v SO

The client was prosecuted for driving with excess alcohol (49 in breath). The issues in the case were that the officer at the time of the breath test had indicated that the calibration certificate was out of date and handcuffs were used without justification contrary to police guidance. James Brookes (Gold panel lawyer) persuaded the District Judge to make an order for disclosure of the calibration certificate. Laura Heywood (reviewing lawyer) also wrote to the prosecution pointing out that this material was part of type approval for the evidential breath test device resulting in charges being discontinued.

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