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Romford MC – R v TM

The client was charged with being drunk in charge whilst above the prescribed limit. The issues in the case were mistakes in procedure and reliability of the breath test device as the police operator had expressed concerns about the machine during the specimen procedure. Also the client was pursuing the statutory defence of no likelihood of the vehicle being driven whilst above the legal limit. Sandra Cooper (reviewing lawyer) persuaded the prosecution to discontinue charges after highlighting prosecution disclosure failings including non-service of the unused material.

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