The client was prosecuted for driving with excess alcohol (65 in breath). The issues in the case were the reliability of the breath test machine as the device at the Notts City Centre police station had produced an ambient fail instrument message and three breath specimens had been taken in breach of the statutory procedure which provides for two samples to be taken. Furthermore the statutory warning had not been repeated. An expert report from Dr Mundy was obtained in support. Josh Radcliffe instructed by Neil Blackaby (reviewing lawyer) persuaded the Court to dismiss the charges with costs from central funds.