The client was prosecuted for driving with excess alcohol. The client had consumed alcohol after the time of alleged driving (hip flask defence) and the police had failed to arrange a back track calculation before deciding whether to charge as required by the MG DD/A breath specimen booklet. At the first hearing Richard Berman persuaded a District Judge there were gaps in the evidence as the police could not say what alcohol had been consumed before driving. Neil Blackaby (reviewing lawyer) then raised numerous issues with disclosure in writing including failure to serve specimen booklet, video footage and unused material. The case was discontinued after the first hearing.