The client was prosecuted for failing to provide specimen of breath. The client did not accept refusal and the functioning of the evidential device was in dispute. At the second hearing which was listed for trial Ronnie Dubb instructed by Sandra Cooper (reviewing lawyer) persuaded the court to dismiss the charges after the prosecution failed to respond to the defence case statement, had delayed serving the unused material which prevented the instruction of a defence expert and the officer in the case had failed to attend.