by martin corlett-moss | Last updated Nov 22, 2023 | Published on Nov 22, 2023 | Sample Cases
The client was prosecuted for driving with excess alcohol (49 in breath). The issues in the case were the reliability of the breath test device and degrading treatment by arresting officers who mistook the client for someone else. The charges were discontinued before...
by martin corlett-moss | Published on Nov 3, 2023 | Sample Cases
The client was prosecuted for failing to provide specimen of breath. The client had a reasonable excuse after loss of confidence in the arresting officers, was not given a proper opportunity to provide a second sample and was not mentally fit to provide. The client...
by martin corlett-moss | Published on Oct 13, 2023 | Sample Cases
The client was prosecuted for failing to provide specimen of breath. The client did not accept refusal and the functioning of the evidential device was in dispute. At the second hearing which was listed for trial Ronnie Dubb instructed by Sandra Cooper (reviewing...
by martin corlett-moss | Published on Oct 13, 2023 | Sample Cases
The client was prosecuted for driving with cannabis above the specified limit (4.3 in blood). The client was dissuaded from taking her own sample to be independently tested and the nurse who took the blood sample failed to shake the container for 30 seconds for the...
by martin corlett-moss | Published on Oct 12, 2023 | Sample Cases
The client was prosecuted for driving with excess alcohol (70 in breath). The reliability of the breath test device was in dispute as there was a large disparity between the two breath levels (70 and 79) and the higher level was incompatible with the preliminary...
by martin corlett-moss | Published on Oct 12, 2023 | Sample Cases
The client was prosecuted for driving with excess alcohol (147 in urine). The issues in the case included failure by police to provide the client with his own sample to be independently tested and continuity was also disputed. The client was represented at the first...
by martin corlett-moss | Published on Oct 11, 2023 | Sample Cases
The client was prosecuted for failing to provide specimen of breath. There were mental health issues and the police had failed to arrange a social worker which is necessary where the suspect is vulnerable. Raoul Fishman instructed by Trevor Feehily (reviewing lawyer)...
by martin corlett-moss | Published on Oct 11, 2023 | Sample Cases
The client was prosecuted for drunk in charge (60 in breath). The issues in the case were there was no intention to drive as the client was waiting in a car park to be collected. At the second hearing which was listed for trial Eugene MacLaughlin instructed by Trevor...
by martin corlett-moss | Published on Oct 10, 2023 | Sample Cases
The client was prosecuted for driving with excess alcohol (144 in urine). The officer did not discard a specimen of urine before taking one for use in evidence contrary to instructions in the specimen booklet, the sample had been frozen by the police instead of being...
by martin corlett-moss | Published on Oct 10, 2023 | Sample Cases
The client was prosecuted for driving with excess alcohol (110 in breath). The issues in the case included failure by police to give the statutory warning and not switching off police radios to comply with home office guidance. The client was represented at the first...
