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Huddersfield MC – R v LH

The client was prosecuted for failing to provide breath sample. The legal issues were whether there was sufficient evidence to prove the identity of the vehicle driver, whether the statutory warning had been given and whether the client was under the influence. On the date of trial, Besty Hindle instructed by Sandra Cooper (reviewing lawyer) persuaded the prosecution to accept the evidence was limited to showing the client was in charge of the vehicle as witnesses had failed to attend Court. This allowed the Court to impose penalty points instead of a mandatory ban. Although the client totted up (having 3 points already) the Court was persuaded there was exceptional hardship and the client avoided a driving ban.

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