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Uxbridge MC – R v RC

The client was initially charged with driving under the influence of alcohol (section 4 Road Traffic Act 1988) but then on the date of trial the prosecution amended the charge to driving with excess alcohol (section 5) which required evidence of the breath specimen. The prosecution attempted to use a written note of the breath level made by the defence lawyer on the case management form as evidence of the breath specimen as police officers were not present to produce the printout. Richard Berman (Gold panel lawyer) instructed by Sandra Cooper (reviewing lawyer) successfully opposed this by relying on case law which prevents the case management form being used against the client.

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