Police told: find breath test footage

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A SHERIFF has lambasted police for failing to disclose crucial evidence needed for a drink-driving trial.

Sheriff Graeme Warner ordered the Crown to compel an officer to produce CCTV footage of a breath test.

He said it was unacceptable that the video had still not been given to the defence, despite being requested in May.

Nicholas Middleton, 33, of Armadale, denies driving a Nissan Almera while over the drink-drive limit on February 15. He also denies taking the car without consent and driving without insurance.

Under Scots law, the prosecuting authorities, including both the police and the Crown, are obliged to disclose what evidence they have, in order to secure a fair trial.

Defence lawyer Darryl Lovie said he needed the DVD of his client’s Intoximeter test in order to prepare properly.

At Livingston Sheriff Court yesterday, an angry Sheriff Warner continued the case until Monday.

A Police Scotland spokesman said: “This continues to be a live case and as such Police Scotland is not able to comment.”