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Doncaster MC – R v RO

The client was prosecuted for driving with excess alcohol (49 in breath). The issue in the case was the reliability of the machine and potential contamination from hand gel. The prosecution failed to disclose body worn footage from the arrest procedure and video footage from the breath test procedure had no sound. Phillip Lucas instructed by Sandra Cooper (reviewing lawyer) persuaded the Court that an officer should be present to deal with outstanding disclosure issues which necessitated an adjournment. The prosecution thereafter offered no evidence after the adjournment was successfully opposed.

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