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Colchester MC – R v EI

The client was prosecuted for driving with excess alcohol (76 in breath). The issues in the case were evidence of driving as arresting officers arrived on the scene whilst the client was out of his vehicle and the police had failed to switch off police radios to comply with home office guidance to avoid interference with the evidential breath test device. Eugene MacLaughlin represented the client at the first hearing. Neil Blackaby (reviewing lawyer) persuaded the prosecution to discontinue the charges before the second hearing which was listed for trial after raising disclosure failings in relation to CCTV from the specimen procedure.

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