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Cannock MC – R v RB

The client was prosecuted for driving with excess alcohol (63 in breath). The issues were machine reliability, the statutory warning was not given, insufficient evidence of driving and handcuffs had been used without justification which raised questions about the conduct of the arresting officers. David Houldcroft (Gold panel lawyer) instructed by Laura Heywood (reviewing lawyer) successfully persuaded the Court the breath sample could not be used as evidence without the operator present as the printout had been controverted in writing. The prosecution offered no evidence.

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