The client was prosecuted for driving with excess alcohol (94 in breath). The client had not consumed sufficient alcohol to exceed the prescribed limit which raised questions about the reliability of the evidential breath test device. Dr Mundy provided an expert report in which an incomplete record of calibration certificates was identified. Phillip Lucas instructed by Sandra Cooper (reviewing lawyer) persuaded the prosecution to offer no evidence after successfully opposing the prosecutor’s adjournment request following the non-attendance of the officer in the case.