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St Albans MC – R v RS

The client was prosecuted for driving with excess alcohol in blood. The issues in the case were the failure to provide the client with his own container to test the blood sample independently, medical fitness to consent and continuity. The prosecution failed to serve the data pack with the level 2 forensic report (SFR2) which was critical as it was not clear how many samples were received by the laboratory. On the date of trial Alexander Gallagher (Platinum level lawyer) instructed by Sandra Cooper (reviewing lawyer) persuaded the prosecution to adjourn the case to provide the data pack with a view to opposing the application. The prosecution offered no evidence after the Judge indicated she was not prepared to grant an adjournment as it was clear that evidence should already have been served.

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