The client was prosecuted for being drunk in charge. After representation by Richard Berman (gold level lawyer) at the first hearing, Robert English (reviewing lawyer) wrote to the prosecution highlighting the failure of the police to interview so that the police had not properly investigated whether the statutory defence (no likelihood of vehicle being driven whilst over prescribed limit) applied in the case. The failure to serve unused material and section 3 disclosure letter was also raised when the charges were discontinued before the second hearing.