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Kidderminster MC – R v TB

The client was prosecuted for driving with excess alcohol (76 in breath). The reliability of the breath test device was in dispute as the defence expert confirmed the client had not consumed sufficient alcohol to exceed the prescribed limit. It was also argued that the statutory warning had not been effectively communicated. Phillip Lucas instructed by Sandra Cooper (reviewing lawyer) successfully challenged the admissibility of the breath test printout in the absence of the operator resulting in the prosecution offering no evidence.

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