The client was prosecuted for driving with excess alcohol in blood. The client consumed alcohol after the time of alleged driving (hip flask defence) and the prosecution were required to prove the identity of the driver. The prosecution failed to serve the level 2 forensic report (SFR2) which was necessary after the District Judge noted at the first hearing that the SFR1 was not agreed by the defence. Jay Lemosa (Gold level lawyer) instructed by Sandra Cooper (reviewing lawyer) persuaded the prosecution to offer no evidence at the second hearing which was listed for trial.