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York MC – R v OR

The client was prosecuted for driving with excess alcohol (56 in breath). The evidential breath test instrument (EBTI) produced a pump error message. The officer continued with the EBTI despite noting on the MG DD/A a decision was made to move to blood before reverting to breath. It was argued that the officer had reason to doubt the reliability of the EBTI and should have taken a blood sample. At the second hearing which was listed for trial the prosecution offered no evidence after representations from Richard Selway instructed by Sandra Cooper (reviewing lawyer).

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