Following a conviction for driving with excess alcohol, the defendant argued that the short (nil) distance driven constituted a special reason for not disqualifying him. The court said that the magistrates were entitled to take into account the defendant’s intention, over and above what had actually been achieved by him in driving away. Citations: Times … Continue reading Director of Public Prosecutions v Humphries: QBD 3 Dec 1999
The defendant appealed against his conviction for speeding, saying that the device used to measure his speed was not approved. The only evidence relied on was that the officer said it had been installed in many police vehicles. Held: The magistrates had not been entitled to take judicial notice of such an opinion. Though a … Continue reading Iaciofano v Director of Public Prosecutions: Admn 15 Jul 2010
The claimant applied for an order quashing his convictions at the West London Magistrates’ Court for two offences: plying for hire without a licence contrary to section 7 of the Metropolitan Public Carriage Act 1869; and using a motor vehicle without third party insurance contrary to section 143 of the Road Traffic Act 1988 and … Continue reading Killick v West London Magistrates’ Court: Admn 6 Dec 2012
The claimant sought judicial review of a dismissal of his appeal against conviction for failing to provide information as to the identity of a driver. The appeal court had found that he had not received the notices requiring him to provide the information, and he said that the court had refused to listen to evidence … Continue reading Purnell, Regina (on The Application of) v Snaresbrook Crown Court: Admn 30 Mar 2011
The driver appealed against his conviction for speeding, saying that he had not been given the requisite notice within the 14 days required: ‘The notice of intended prosecution had been sent to him by first class ordinary post in circumstances where he would ordinarily have been expected to receive it in 14 days, but in … Continue reading Gidden v Chief Constable of Humberside: Admn 29 Oct 2009
The defendant appealed against his conviction for driving with excess alcohol. Held: There was no requirement that the prosecutor should produce the results of the roadside breath test in evidence, and the breathalyser was of the approved type. The appeal failed. Reliance had been placed on the fact that the guide to type approval relating … Continue reading Breckon v Director of Public Prosecutions: Admn 22 Aug 2007
Appeal by way of case stated from a decision convicting the appellant, of driving a motor car when he had consumed alcohol in excess of the prescribed limit, contrary to the provisions of section 5 of the Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders’ Act 1988. The issue was whether the car … Continue reading Lewis, Regina (on the Application Of) v the Director of Public Prosecutions: Admn 10 Dec 2004
The two appellant drivers had been sent forms requiring them to identify the drivers of vehicles identified by speed cameras. They had replied providing the requested information, but the forms were unsigned. They resisted use of the forms as evidence against them. Held: The forms could not be used as evidence against the defendants on … Continue reading Mawdesley and Yorke v Chief Constable of Cheshire Constabulary and Another: Admn 31 Jul 2003
The Appellant appeals by way of Case Stated against a decision of the Faversham and Sittingbourne Justices in Kent whereby, on 13th October 1997, they convicted him of an offence of driving while unfit through drugs, contrary to section 4(1) of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act … Continue reading Leetham v Director of Public Prosecutions: Admn 13 Oct 1997
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