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Bexley MC – R v MR

The client was prosecuted for driving with excess alcohol (56 in breath). The reliability of the breath test device was in dispute as there was a faulty printout mechanism and the operator replaced the mouthpiece without using protective gloves to avoid contamination. James Brookes (Gold panel lawyer) instructed by Trevor Feehily (reviewing lawyer) persuaded the prosecution to offer no evidence at trial after officers accepted abortive printouts had not been retained to check for error messages and arresting officers had used handcuffs contrary to ACPO guidelines.

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