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York MC – R v PS

The client was prosecuted for driving with excess alcohol (98 in blood). The issues in the case included continuity, fitness to be detained, insufficient evidence of driving, the vial was not shaken for 30 seconds, duress of circumstances and special reasons. The client was represented at the first hearing by Darren Withers (Platinum level lawyer). The charges were discontinued before the second hearing which was listed for trial after Sandra Cooper (reviewing lawyer) raised non-disclosure of the SFR/2 (level 2 forensic report) and the seal number recorded by the health care professional who took the blood sample was different to the one noted by the officer and forensic lab which raised questions about continuity.

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