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Place: York Magistrates Court

Offence: Failing to Provide a Specimen of Breath – not guilty plea

Defence: Technical Defence

Carl Millar represented Mr S who was charged with the offence of failing to provide a specimen of breath for analysis.

Carl Millar spotted a technical defence in the case.  Mr S was required to provide two specimens of breath at the police station in the usual way.  Mr S did comply with the requirement, but the breath test device detected mouth alcohol.  In those circumstances, the device is unreliable and the correct procedure is to move on to a requirement for a sample of blood or urine.  The police officer made a simple mistake and simply charged the defendant with failing to provide a specimen.  This was incorrect and the police officer should have required Mr S to provide a sample of blood or urine.

Given the shortcomings in the prosecution case, the prosecutor accepted that there was no reasonable prospects of success and agreed to discontinue the case against Mr S.

Mr S will also receive reimbursement for the fees incurred in respect of his defence.


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