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Cheltenham MC – R v SM

The client was prosecuted for driving above the specified limit in drugs namely cannabis (2.1ug) and driving whilst unfit through drink. The issues in the case were continuity and the officer failed to ask if there were medical reasons why blood could not be taken. The client was represented by Lewis Perry at the first hearing. The driving whilst unfit charge was discontinued before trial after Trevor Feehily (reviewing lawyer) highlighted the fact the evidential test in alcohol was below the prescribed limit, no back-track calculation test was carried out and there was no preliminary impairment test. The drug driving charge was discontinued after it was disclosed the officer in the case had a disciplinary record which raised questions about bad character.

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