The client was prosecuted for driving with excess alcohol. The issues in the case were borderline breath alcohol within the margin of error (46 in breath), failure to provide printout at the time of the breath test procedure and the clock on the device had not been updated from GMT which raised questions about servicing and maintenance of the breath test device. At the second hearing Jay Lemosa (Gold panel lawyer) instructed by Sandra Cooper (reviewing lawyer) persuaded the prosecution to offer no evidence as pages were missing from the MG DD/A booklet, no video footage had been provided and the police had failed to supply unused material.