The client was prosecuted for driving with excess alcohol (52 in breath). The client disputed the reliability of the breath test device (EBTI) as insufficient alcohol was consumed to exceed the prescribed limit. Eugene MacLaughlin (Gold panel lawyer) instructed by Trevor Feehily (reviewing lawyer) persuaded the prosecution to offer no evidence at the second hearing which was listed for trial. The breath sample could not be relied upon as the operator of the EBTI failed to attend and a legal notice had been sent controverting the printout.