Mr Powell instructed us to defend him in relation to a charge of driving with excess alcohol. He entered a not guilty plea at the first hearing of the case and a number of issues were raised, including whether he was given a warning of liability to prosecution, whether he had capacity to understand the statutory procedure (the documentation completed at the time of the offence stated that he was confused) and whether the breath reading was reliable. Two expert reports were obtained to support Mr Powell’s case, one in relation to the capacity issue and the second in relation to the reliability of the breath test reading. At the trial, the prosecution was unable to prove that a warning of liability to prosecution was given. As a result the charge against Mr Powell was dismissed.
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