The defendant driver had provided two specimens of breath at the police station. The device used failed to provide a printout and the constable operating it decided that it could be unreliable. He required the defendant to provide a specimen of blood, which the defendant did. The part-specimen of blood retained by the police was … Continue reading Badkin v Director of Public Prosecutions: 1988
Passengers were injured in motor vehicles. The drivers were uninsured, and the MIB had declined to make payment. The doctrine of direct effect did not apply where the allegation was that the Motor Insurers Bureau arrangement did not comply with a European Directive. It was not clear whether the Bureau was an emanation of state, … Continue reading Mighell v Reading and Another and Evans v Motor Insurers Bureau and White v White and Another: CA 30 Sep 1998
Judges: Lord Justice Keene Mr Justice Jack Citations: [2006] EWHC 1109 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 41B(2) Jurisdiction: England and Wales Road Traffic Updated: 14 November 2022; Ref: scu.241781
Citations: [2018] EWCA Crim 2665 Links: Bailii Statutes: Road Traffic Offenders Act 1988 30(1) Jurisdiction: England and Wales Crime Updated: 03 November 2022; Ref: scu.631188
A defendant who had been convicted of manslaughter by using a motor vehicle or causing death by dangerous driving, or dangerous driving, must be required to take an extended driving test before his licence is returned. Courts have no discretion not to require a test. Citations: Times 05-Nov-1998, Gazette 25-Nov-1998, [1998] EWCA Crim 3037 Links: … Continue reading Regina v Lauder: CACD 27 Oct 1998
Appeal by case stated – conviction for failing to provide specimen of breath. Machine at one station had failed on two occasions – defendant taken to second station and re-tested. Whether third test request lawful. Held: In completing the first two tests the defendant had not satisfied the statutory requirements, and ‘where no valid specimens … Continue reading Hussain v the Director of Public Prosecutions: Admn 19 Mar 2008
The AG sought to refer to the court as unduly lenient a sentence of 100 hours community service for causing death by dangerous driving. The had been seen driving erratically along the M6, when he veered onto the hard shoulder colliding with an unlit vehicle, killing the driver. Held: Falling asleep at the wheel usually … Continue reading Attorney General’s Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger: CACD 29 Jul 1999
Citations: [2018] EWCA Crim 2611 Links: Bailii Statutes: Road Traffic Offenders Act 1988 35A 35B Jurisdiction: England and Wales Criminal Sentencing Updated: 16 August 2022; Ref: scu.631190
Judges: Simon J Citations: [2009] EWHC 3595 (Admin), [2010] RTR 18 Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 14 August 2022; Ref: scu.401943
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
Judges: Toulson LJ, Forbes J Citations: [2008] EWHC 3006 (Admin), (2009) 172 JP 17 Links: Bailii Statutes: Road Traffic Act 1988 172 Jurisdiction: England and Wales Road Traffic Updated: 26 July 2022; Ref: scu.343956
Appeal from conviction for driving with excess alcohol. The driver complained that the police had destroyed CCTV evidence of the administration of the statutory warning on his being tested. The appeal failed. The defendant had given no indication that he might wish to challenge the warning. Citations: [2008] EWHC 2788 (Admin), (2009) 173 JP 41 … Continue reading Morris v Director of Public Prosecutions: Admn 14 Nov 2008
The appellant challenged sentences for driving whilst disqualified. The defendant questioned the extent of the legislative competence of the Scottish Parliament under judicial scrutiny on grounds other than compliance with Convention rights. Judges: Lord Nimmo Smith Citations: [2008] ScotHC HCJAC – 61, 2009 SCL 83, 2008 SCCR 815, 2008 GWD 35-535, [2008] HCJAC 61, 2008 … Continue reading Logan and Another v Procurator Fiscal: HCJ 2 Jul 2008
Prosecutor’s appeal against dismissal of charge of driving without insurance. Citations: [2008] EWHC 1814 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 143 Jurisdiction: England and Wales Road Traffic Updated: 18 July 2022; Ref: scu.271233
Citations: [2008] EWHC 1335 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Road Traffic Updated: 17 July 2022; Ref: scu.270062
Citations: [2008] EWHC 1254 (Admin) Links: Bailii Statutes: Road Traffic Offenders Act 1988, Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 17 July 2022; Ref: scu.270044
Judges: Saunders J Citations: [2008] EWHC 1200 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 Road Traffic, European Updated: 15 July 2022; Ref: scu.268717
Citations: [2008] EWHC 643 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Road Traffic Updated: 14 July 2022; Ref: scu.266888
Citations: [2008] EWHC 303 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 13 July 2022; Ref: scu.266023
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
Judges: May LJ, Nelson J Citations: [2004] EWHC 83 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Citing: Cited – Paterson v Director of Public Prosecutions 1990 . . Cited – Regina v Jackson CACD 21-May-1996 Time should be saved by explicit admissions of all elements of expert case. . … Continue reading Khatibi v Director of Public Prosecutions: Admn 28 Jan 2004
The defendant appealed against his conviction for driving with excess alcohol. He complained that the machine used to take his sample of breath did not conform to the necessary type. It had been manufactured by an independent company. Though not approved it was identical to the approved machine. He was convicted on the basis that … Continue reading Brown v Procurator Fiscal, Falkirk: HCJ 8 Mar 2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002
Appeal from sentence for causing death by dangerous driving Citations: [2018] EWCA Crim 2359 Links: Bailii Statutes: Road Traffic Act 1988 1 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 June 2022; Ref: scu.628201
ECHR The presumption of innocence would be violated if, without the accused having previously been proved guilty according to law, a judicial decision concerning him reflected an opinion that he was guilty. The burden of proof is on the prosecution and any doubt should benefit the accused. Citations: 10590/83, (1988) 11 EHRR 360, [1988] ECHR … Continue reading Barbera, Messegua, and Jabardo v Spain: ECHR 6 Dec 1988
When requesting a drink driver suspect to give a specimen of blood, an officer’s failure to say that the specimen will be taken by a doctor was not fatal to the prosecution. The issue of whether the blood sample was to be taken had properly been described by the officer as a decision for the … Continue reading Director of Public Prosecutions v Jackson, Stanley v Director of Public Prosecutions: HL 29 Jul 1998
The court considered the arrangement for interim payments of damages awards where the claim was to be made through the Bureau. The agreement between the Bureau and the insurer members predated and did not allow for such payments. Held: The MIB, seeking clarification, had made no interim payment. They could have made a substantial part … Continue reading Sharp By her Next Friend Sharp v Pereira and Motor Insurers’ Bureau: CA 24 Jun 1998
Application for judicial review of conviction for driving with excess alcohol. Allegation of police failure to inform him of procedure. Judges: Lord Bingham LCJ, Collins J Citations: [1998] EWHC Admin 1040 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 27 May 2022; Ref: scu.139161
Prosecutor’s appeal against dismissal of charge of driving with excess alcohol – unexplained discrepancy in time recorded by meter. Citations: [1998] EWHC Admin 561 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic, Crime Updated: 27 May 2022; Ref: scu.138682
Prosecutor’s appeal against dismissal of charge of driving with excess alcohol. Citations: [1998] EWHC Admin 517 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Citing: Cited – Regina v Absolam CACD 1990 A was arrested. He was already on bail for possession of cannabis, and in the hope finding further evidence he was asked to … Continue reading Crown Prosecution Service v Paul O’Shea: Admn 11 May 1998
Where a passenger is injured during a bus ride, the accident occurs when he is injured, and driver has a duty to stop immediately in order to report the accident even if no other vehicle was involved. Citations: Times 07-May-1998, [1998] EWHC Admin 437 Links: Bailii Statutes: Road Traffic Act 1988 170 Road Traffic Updated: … Continue reading David Hallinan v Director of Public Prosecutions: Admn 24 Apr 1998
A van was stopped carrying a delivery of coal. The insurance was for social domestic and pleasure purposes only. The owner appealed a conviction for using it without insurance. Held: ‘using’ when the description of the offence in connection includes alternatives of causing and permitting is to have a restricted meaning. There was not evidence … Continue reading Jones v Director of Public Prosecutions: Admn 26 Mar 1998
Citations: [1998] EWHC Admin 321 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 27 May 2022; Ref: scu.138442
Citations: [1998] EWHC Admin 211 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 27 May 2022; Ref: scu.138332
The court was asked whether a person who has been disqualified under section 36 of the Road Traffic Offenders Act 1988 and has not passed the appropriate test, and who then obtains a provisional licence but drives a motor vehicle on a road otherwise than in accordance with the conditions of that licence is guilty … Continue reading Paterson v Guildford Justices: Admn 23 Jan 1998
The claimant complained that he had been obliged to provide evidence to allow his prosecution to go ahead. He had been caught by a speed camera driving over the speed limit and been required to confirm the identity of the driver or face a heavier penalty. Judges: Lech Garlicki, President Citations: 36344/05, [2008] ECHR 369 … Continue reading Murray v The United Kingdom: ECHR 27 Mar 2008
Appeal against conviction for failure to provide specimen of breath. Delay in providing specimen until legal advice available. Citations: [2008] EWHC 1695 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic, Human Rights Updated: 22 May 2022; Ref: scu.270895
‘Airside’ part of airport sufficient public road for road traffic purposes. Citations: Ind Summary 08-Jan-1996 Statutes: Road Traffic Act 1988 3 Road Traffic Updated: 19 May 2022; Ref: scu.80038
No rule of law requiring court to take lowest blood test not average. Citations: Times 18-Nov-1996 Statutes: Road Traffic Act 1988 5(1) Road Traffic Updated: 19 May 2022; Ref: scu.80054
The prosecutor appealed against the decision of the magistrates, having found the defendant guilty of driving with excess alcohol, then not to disqualify him, finding special reasons for so doing. He had gone in answer to a call that a child niece was being assaulted and held against her will. Held: There may be special … Continue reading Director of Public Prosecutions v Bristow: QBD 28 Oct 1996
The court considered a decision by Justices to exclude evidence under section 8 of the 1984 Act where a police officer had allegedly failed to follow the guidance in relation to a roadside breath test. Held: The procedure was not required by the Act and sent the case back to the Justices with a direction … Continue reading Director of Public Prosecutions v John Kay: QBD 4 Mar 1998
A driver required to give his name and address satisfied the address requirement by giving an address at which he could properly be contacted. The address of his solicitor was satisfactory provided reasonably swift and easy communication was possible. Citations: Gazette 17-Mar-1999, Times 08-Jan-1999, Gazette 03-Feb-1999 Statutes: Road Traffic Act 1988 170(2) Road Traffic Updated: … Continue reading Director of Public Prosecutions v McCarthy: QBD 8 Jan 1999
Justices had to be careful not to convict of driving with excess alcohol unless they were sure on the basis of scientific and other evidence that the defendant had been over the limit at the time of the alleged offence. Citations: [1987] 3 All ER 733, [1988] QB 170, [1987] Crim LR 776, (1987) 86 … Continue reading Gumbley v Cunningham: 1987
In the absence of evidence of calibration of an Intoximeter either before or after the second specimen was produced, there had been a failure to prove the precondition that the machine was working satisfactorily. Citations: [1988] RTR 281 Jurisdiction: England and Wales Cited by: Cited – Sneyd v Director of Public Prosecutions Admn 24-Feb-2006 The … Continue reading Mayon v Director of Public Prosecutions: 1988
The evidence which is admissible on a challenge to the reliability of an intoximeter device is not limited to direct evidence of the unreliability of the breath testing device, but can be based on evidence such as the level of consumption, and the activities of the defendant before arrest and on his or her condition … Continue reading Cracknell v Willis: HL 1988
(High Court of Australia) The court considered a claim for damages arising out of a motor accident in New South Wales, where the claim had been brought in the courts of Queensland. The questions arose as to whether or not a provision in the Motor Accidents Act 1988 of New South Wales which limited the … Continue reading Stevens v Head: 18 Mar 1993
Citations: [1989] RTR 54 Statutes: Road Traffic Offenders Act 1988 15 Cited by: Cited – Director of Public Prosecutions, Regina (on the Application Of) v Chambers Admn 25-Jul-2003 The prosecutor appealed dismissal of charges of driving with excess alcohol. The defendant had admited driving, but said she had consumed alcohol in the twenty minutes between … Continue reading Beauchamp Thomson v Director of Public Prosecutions: 1989
The magistrates had upheld a submission of no case to answer. When the prosecutor’s appeal was allowed, the case was remitted back to the Magistrates with a direction for the hearing to continue and precisely because the conclusion was that the defence had not at that stage given any evidence during the course of the … Continue reading Patterson v Charlton: 1986
The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless. Held: The House understood recklessness as ‘a state of mind stopping short of deliberate intention, and going beyond mere inadvertence’ and ‘It is for the jury to decide whether the risk created by the manner in which … Continue reading Regina v Lawrence (Stephen): HL 1981
Failure of police to serve a printout from the breath test device certified by a police officer. Judges: Leggatt LJ, William Davis J Citations: [2018] EWHC 2159 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 26 April 2022; Ref: scu.621155
Whether or not the condition of a vehicle is such that it is a danger to any person is a question of fact. Judges: Otton LJ and Astill LJ Citations: Unreported, 4 December 1988 Jurisdiction: England and Wales Cited by: Cited – Vehicle and Operator Services Agency, Regina (on the Application of) v Henderson Admn … Continue reading Director of Public Prosecutions v Potts: QBD 4 Dec 1988
An insurer’s failure to obtain a release certificate left him liable for damages Citations: Times 28-Sep-1995 Statutes: Road Traffic Act 1988 151 Insurance Updated: 09 April 2022; Ref: scu.83494
Appeal by way of case stated from a pre-trial ruling of the Black Country Magistrates’ Court in respect of an information preferred against the Appellant for failing to provide a specimen of blood in breach of section 7 of the 1988 Act, and not to exercise its discretion under section 78 of the 1984 Act … Continue reading Miller v Director of Public Prosecutions: Admn 15 Feb 2018
Appeal by way of Case Stated against the a conviction of an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988. Judges: Thirlwall LJ, Haddon-Cave J Citations: [2017] EWHC 1162 (Admin), [2017] 4 WLR 102, [2017] WLR(D) 361 Links: Bailii, WLRD Jurisdiction: England and Wales Crime Updated: … Continue reading JS (A Child) v Director of Public Prosecutions: Admn 18 May 2017
The court was asked as to the liability of the Motor Insurer’s Bureau for an accident not occurring on a public road. Held: Soole J said that section 145 should not be read down, because reading down would go against the grain and thrust of the legislation, because it raised policy ramifications which were not … Continue reading Lewis v Tindale and Others: QBD 14 Sep 2018
RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law. Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that … Continue reading RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and unhelpful. Whether any particular area was a road is a question of fact in … Continue reading Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd: HL 25 Nov 1998
The defendant lorry driver was interviewed to discover his involvement in a road traffic accident in whch damage was caused to a stationery vehicle. He said that he had been unaware of any such collision, though he had been driving at that location at the time. Having given no evidence, he now appealed against his … Continue reading Selby v Chief Constable of Avon and Somerset: QBD 1988
Treacy LJ, Jeremy Baker J [2016] EWCA Crim 455 Bailii Road Traffic Offenders Act 1988 35A 35B England and Wales Road Traffic, Criminal Sentencing Updated: 14 January 2022; Ref: scu.562925
J sought habeas corpus to avoid her extradition to California on a charge of manslaughter arising from a motor accident. Her counsel argued that the unlawful killing of another by the reckless driving of a motor vehicle on a road was no longer manslaughter by the law of England, since the enactment of the Road … Continue reading Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983
The defendant was charged after driving a ‘City Mantis Electric Scooter’. He was disqualified from driving. The prosecutor appealed against dismissal of the charges on the basis that the scooter was not of such a description as to require a licence or insurance. Held: If the case was remitted, and the magistrates properly directed they … Continue reading Director of Public Prosecutions v King: Admn 13 Feb 2008
The defendant appealed against his conviction for reckless driving. He said the offence was committed out of necessity, since his passenger’s life was under threat. Held: Necessity can only be a defence to a charge of reckless driving where the facts establish ‘duress of circumstances’ . . where the defendant was constrained by circumstances to … Continue reading Regina v Conway: CACD 28 Jul 1988
Private Car park was not a public plae. The defendant appealed from his conviction for being drunk in charge of a vehicle in a public place. The place was marked private but allowed for paring for designated businesses. Held: The appeal succeeded. The phrase public phrase had to be read ejusdem generis with ‘road’. Whether … Continue reading Richardson v Director of Public Prosecutions: Admn 28 Feb 2019
Defence of Necessity has a Place in Criminal Law The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he drove the boy to work, since she … Continue reading Regina v Martin (Colin): CACD 29 Nov 1988
Necessity not a defence to reckless driving The trial judge had refused to leave to the jury the defence of necessity, which the appellant sought to bring to a road traffic allegation. Held: The appeal failed. Caulfield J referred to the authorities, and said: ‘In view of our ultimate decision it is not necessary to … Continue reading Regina v Denton: CACD 1987
(Barnsley Magistrates Court) The defendant owned a Segway, a two wheeled vehicle. He was charged with having driven it on a public footpath despite its being a motor vehicle. He denied that it was a motor vehicle ‘adapted or intended for use on the road’. Held: ‘If I am satisfied from all the evidence presented, … Continue reading Coates, Regina v: Misc 18 Jan 2011
The defendant sought judicial review, on a renewed application, to challenge the decision to issue a speeding fine, and in the alternative that he had failed to identify the driver as required. The defendant had supplied the information but under a condition not allowing that information to be used for prosecution, citing Funke. Held: The … Continue reading Hatton, Regina (on the Application of) v Devon and Cornwall Constabulary: Admn 4 Feb 2008
Police officers had entered a house in pursuit of a suspected burglar. Held: It is a condition of any lawful breaking of premises that the person seeking entry has demanded and been refused entry by the occupier. Donaldson LJ said: ‘it is conceded in this case that (the trial judge) correctly analysed the position at … Continue reading Swales v Cox: CA 1981
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
The court considered the proper approach for the court to adopt, and the proper orders for the court to make, in confiscation proceedings where a number of criminals (some of whom may not be before the court) had between them acquired property or money as a result of committing an offence for which all or … Continue reading Ahmad, Regina v: SC 18 Jun 2014
The defendant appealed his conviction for dangerous driving. As a police officer he had driven at over 110 mph on a motorway in the wet, lost control and crashed. He said that the fact that he had undertaken the police advanced drivers’ course should be taken into account in deciding whether he had been driving … Continue reading Bannister, Regina v: CACD 28 Jul 2009
The defendant appealed against his conviction for reckless driving (absolute discharge and ten penalty points). He drove his car slowly on the pavement in front of a shopping precinct. He said that this had seemed to him to be the only way in which he could escape from a gang of 20-30 youths who had … Continue reading Regina v Willer (Mark Edward): CACD 1986
After the defendant was arrested for drugs offences a restraint order was made to prevent dissipation of his assets. Orders were made to vary the restraint to allow payment of his sons school fees, and in family proceedings for a payment to his wife. The Commissioners of Customs and Excise appealed the latter order. Held: … Continue reading In re Peters: CA 1988
The extent of the obligation on those who receive a requirement to provide information to the police as to the identity of the driver of the vehicle of which they are the registered keeper when that vehicle has been caught on camera either speeding . .
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A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
The court allowed an appeal against the decision of the Master of the Court of Protection refusing registration to an enduring power of attorney on the ground that the donor, although capable of understanding the nature of the power, was herself . .
The defendant had parked his care on a driveway. He left to go drinking. On his return, a neighbour had parked across the foot of the drive obstructing all but pedestrian access. The defendant reversed his car within the driveway but so as to damage . .
References: [1993] HCA 19, (1993) 112 ALR 7, [1993] Aust Torts Reports 81-203, (1993) 17 MVR 1, (1993) 67 ALJR 343, [1993] 176 CLR 433 Links: Austlii Coram: Mason CJ, Brennan, Deane, Dawson, Toohey, Gudron, McHugh JJ (High Court of Australia) The court considered a claim for damages arising out of a motor accident in … Continue reading Stevens v Head; 18 Mar 1993
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Citations: [2004] EWHC 1937 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 83 Jurisdiction: England and Wales Road Traffic Updated: 11 June 2022; Ref: scu.200007
The prosecution appealed a finding of no case to answer against a defendant accused of driving with excess alcohol. On being offered a choice of blood or urine test, he had asked ‘What is the quickest way out of here’ which the officer recorded as declining to accept the offer. The magistrates had relied upon … Continue reading Director of Public Prosecutions v Orchard: Admn 17 Oct 2000
Citations: [1999] EWHC Admin 529 Links: Bailii Statutes: Road Traffic Act 1988 85 Citing: Cited – Taylor v Rajan 2-Jan-1974 The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him. … Continue reading Director of Public Prosecutions v Elsender: Admn 9 Jun 1999
No right to legal advice before choice of blood/urine specimen after breath test. Citations: Times 24-Mar-1997 Statutes: Road Traffic Act 1988 8(2) Road Traffic Updated: 19 May 2022; Ref: scu.80052
Blood sample not inadmissible because Defendant unable to comprehend choices for drink. Citations: Times 07-Nov-1995 Statutes: Road Traffic Act 1988 8 Road Traffic Updated: 19 May 2022; Ref: scu.79986
The choice given to a person detained on suspicion of driving with excess alcohol, of giving either a blood or a urine sample was given satisfactorily, if it was done properly and fairly. Curtis J: ‘I would observe that the words of Lord Bridge in Director of Public Prosecutions v. Warren [1993] R.T.R. 58 are … Continue reading Baldwin v West Yorkshire Police, orse Baldwin v Director of Public Prosecutions: QBD 3 Jul 1995
The driver was unconscious following an accident. The police attended the accident. He was acquitted of later failing to report the accident to the police. The prosecutor appealed. The car had crashed as the police pursued it. No notice had been served on him to produce his documents, and he had argued also that he … Continue reading Director of Public Prosecutions v Hay: QBD 13 Jun 2005
Judges: Stadlen J Citations: [2012] EWHC 1606 (QB) Links: Bailii Statutes: Road Traffic Act 1988 151(2)(b) Jurisdiction: England and Wales Personal Injury Updated: 07 December 2022; Ref: scu.461889
Citations: [1990] 91 Crim App R 108 Statutes: Road Traffic Offenders Act 1988 15 Jurisdiction: England and Wales Cited by: Cited – Director of Public Prosecutions, Regina (on the Application Of) v Chambers Admn 25-Jul-2003 The prosecutor appealed dismissal of charges of driving with excess alcohol. The defendant had admited driving, but said she had … Continue reading Mallard v Director of Public Prosecutions: 1990
Prosecutors appeal against refusal to accept evidence from academic toxicologist who was not an ‘authorised analyst’ of blood alcohol levels. Whether only ‘authorised analyst’ able to give evidence. Judges: Hughes LJ, Treacy J Citations: [2007] EWHC 1803 (Admin) Links: Bailii Statutes: Road Traffic Act 1988, 591) Jurisdiction: England and Wales Road Traffic Updated: 06 December … Continue reading Crown Prosecution Service v Sedgemoor Justices: Admn 3 Jul 2007
Where a motorist challenges the accuracy of the intoximeter, there is only an evidential burden on him. Citations: Unreported, 27 March 2000 Statutes: Road Traffic Act 1988 5 Jurisdiction: England and Wales Citing: See Also – O’Sullivan v Director of Public Prosecutions Admn 4-Nov-1998 The court considered and gave directions for the form of statement … Continue reading O’Sullivan v Director of Public Prosecutions: 27 Mar 2000
Prsoecutor’s appeal against dismissal of charge of driving with excess alcohol. The dfeendant was arrested only some time after he had been driving and after he had consumed further alcohol. Citations: [2007] EWHC 2186 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a), Road Traffic Offenders Act 1988 15 Jurisdiction: England and Wales Road Traffic … Continue reading Director of Public Prosecutions v Tooze: Admn 24 Jul 2007
Prosecutor’s appeal against dismissal of charge of driving wth excess alcohol. Defendant in car park of supermarket, and no intention of driving. Citations: [2007] EWHC 1841 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(b) Jurisdiction: England and Wales Road Traffic Updated: 05 December 2022; Ref: scu.258813
Whether a certificate of motor insurance which may be avoided for non-disclosure is nevertheless a ‘valid’ certificate of insurance within the meaning of the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 Citations: [2020] EWHC 1288 (Admin) Links: Bailii Jurisdiction: England and Wales Road Traffic Updated: 04 December 2022; Ref: … Continue reading Linse, Regina (on The Application of) v Chief Constable of North Wales Police: Admn 29 May 2020
The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed. Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use relied on constituted an offence under section 34(1) of the 1988 Act. A claim of long … Continue reading Robinson v Adair: QBD 2 Mar 1995
When a driver suffers an obligatory disqualification through a drink driving offence, the court may not at the same time impose on his licence additional penalty points for offences associated with the events of the drink driving offence. The 1988 Act was a consolidating act, and was not to be construed so as to change … Continue reading Martin v Director of Public Prosecutions: QBD 30 Nov 1999
The defendants had been required to provide information leading to the identification of the driver. In one case the defendant was the registered keepr, and in the second not. Held: the obligations differed according to whether it was addressed to the registered keeper. In the one case to gave the information, and under the second, … Continue reading Mohindra v Director of Public Prosecutions; Browne v The Chief Constable Of Greater Manchester: Admn 15 Mar 2004
The defendant appealed against his conviction for failing to produce his driving documents, saying that the local police had stopped some 55 times in the previous 12 months, and that the request was improper and an abuse. Held: ‘An officer can only require a driver to produce his licence if the requirement is for the … Continue reading Nembhard v Director of Public Prosecutions: Admn 21 Jan 2009
