Miss Holmes was charged with failure to provide a specimen of breath. She suffered from severe anxiety and had a panic attack whilst in custody which, it was submitted on her behalf, amounted to a reasonable excuse and therefore a defence to the charge. She contacted us on the day of her release from custody. A psychiatric report was obtained which supported her case and this was served on all sides. Repeated requests were made for the video evidence showing her in custody and the procedure for requiring specimens from her. The trial was fixed for January 2018. Unfortunately, Miss Holmes’s suffered a bereavement of a close family member shortly before the trial which required her to travel abroad. The trial was postponed until April 2018 and on that day, the video evidence which we had requested was finally served. This showed that Miss Holmes was not given the statutory requirement to provide breath specimens. After the prosecution had called its sole witness and the video had been played a submission of no case to answer was made on that basis and was upheld by the Court.
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