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Colchester MC – R v OD

The client was prosecuted for driving with excess alcohol. The two breath specimens had been provided 16 minutes part which raised questions about procedural correctness and whether the statutory warning should have been repeated before the second sample. There were also case management failings as the police had not complied with their disclosure duties by serving video footage from the specimen procedure. Richard Berman (gold level lawyer) instructed by Laura Heywood (reviewing lawyer) persuaded the prosecution to offer no evidence at the second hearing listed for trial after the officer in the case failed to attend.

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