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Wimbledon MC – R v SL

The client was prosecuted for driving with excess alcohol. The client had consumed alcohol after driving (hip flask defence) and error messages on the machine had been noticed by the client during the breath test procedure at the police station. There were also questions about medical fitness to be detained as the airbags had deployed during the road traffic accident. Neil Blackaby (reviewing lawyer) served a forensic report on the prosecution with calculations supporting the client’s alcohol consumption and pointed out that the time between the collision from the informant’s statement and time of arrest (40 minutes) was sufficient time for the client to have consumed alcohol after driving. The prosecution discontinued the case before the second hearing which was listed for trial.

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