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York MC – R v JW

The client was prosecuted for driving with excess alcohol (174 in blood). The issues in the case included the continuity of the blood sample and whether the nurse shook the container for 30 seconds for the preservative to take effect. At the second hearing which was listed for trial Laura Heywood (Gold panel lawyer) instructed by Sandra Cooper (reviewing lawyer) successfully persuaded the court to exclude the prosecution case after the prosecution failed to serve the unused material and data pack in good time and the nurse failed to attend to give evidence.

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