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Kirklees MC – R v BH

The client was charged with driving with excess alcohol. The expert report from Dr Mundy showed that the client had not consumed sufficient alcohol to exceed the prescribed limit raising questions about the reliability of the breath test device and the client could not recall the statutory warning at the time of the police station breath test which is a strict legal requirement. On review of the CCTV from the evidential procedure it was apparent that the police had not given the warning. Sandra Cooper (reviewing lawyer) made written representations to the prosecution resulting in the case being discontinued before the second hearing.

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