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Director of Public Prosecutions v John Kay: QBD 4 Mar 1998

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

Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008

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

Steadman v Director of Public Prosecutions: QBD 15 Apr 2002

The motorist was to be asked to take a breath test at the police station. The defendant was asked if he was on medication, and he produced a pill. The officer went ahead wit the test. At court the defendant said that he should first have sought medical advice to see whether he was fit … Continue reading Steadman v Director of Public Prosecutions: QBD 15 Apr 2002

Zafar v Director of Public Prosecutions: Admn 1 Nov 2004

The defendant appealed his conviction for failing a breath test. He said that since the meter could be affected by mouth alcohol, the prosecutor had a duty to show that the reading arose from a breath taken deep from the lung by a deep breath. Held: Though the intoximeter made a distinction between deep lung … Continue reading Zafar v Director of Public Prosecutions: Admn 1 Nov 2004

Exel Logistics Ltd v Curran and others: CA 30 Sep 2004

The claimants sought damages for personal injuries after a crash in a Land Rover maintained by the defendants. The defendants appealed findings of negligence in failing properly to inflate the rear tyres, in continuing despite the danger, and poor overtaking. A further fault was identified in that dirt in the front wheel had led to … Continue reading Exel Logistics Ltd v Curran and others: CA 30 Sep 2004

Lewis, Regina (on the Application Of) v the Director of Public Prosecutions: Admn 10 Dec 2004

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

EUI Ltd v Bristol Alliance Ltd Partnership: CA 11 Oct 2011

A driver had deliberately driven at a building owned by the respondent company causing substantial damage. The driver’s insurer now appealed against a decision that it was liable to the respondent despite a clause excluding liability for deliberate acts of a driver. Held: The appeal succeeded, and nor did a claim lie against the Motor … Continue reading EUI Ltd v Bristol Alliance Ltd Partnership: CA 11 Oct 2011

Francis v Director of Public Prosecutions: QBD 23 Mar 2004

The defendant appealed against his conviction for having failed to identify the driver of a car caught speeding by a camera. He was the registered keeper. He completed and returned the form, but did not sign it. The statute imposed no explicit obligation to sign it. He also said that since he was already suspected … Continue reading Francis v Director of Public Prosecutions: QBD 23 Mar 2004

Director of Public Prosecutions v Janman: Admn 22 Jan 2004

The Director appealed dismissal of a charge. The defendant had accompanied a learner driver. He had too much alcohol in his blood. He denied that he was driving. Held: There was no need to prove that the defendant was statutorily supervising. The precise skills of the learner driver were not relevant. The supervisor was clearly … Continue reading Director of Public Prosecutions v Janman: Admn 22 Jan 2004

Khatibi v Director of Public Prosecutions: Admn 28 Jan 2004

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

Brown v Procurator Fiscal, Falkirk: HCJ 24 Sep 2002

The defendant appealed against his conviction for driving with excess alcohol. He said that the machine used to measure the alcohol in his breath did not have type approval. The schedule to Approval 1998 for the purposes of section 7(1)(a) of the Road Traffic Act referred to ‘the device known as the Intoximeter EC/IR manufactured … Continue reading Brown v Procurator Fiscal, Falkirk: HCJ 24 Sep 2002

Director of Public Prosecutions v Alderton: Admn 25 Nov 2003

The defendant had been found sat in his car. He had been spinning its wheels, but not moving. The prosecutor appealed against dismissal of a charge of attempting to drive whilst under the influence of alcohol. Held: The appeal succeeded. The defendant was driving. Although the car had not moved, his behaviour required him to … Continue reading Director of Public Prosecutions v Alderton: Admn 25 Nov 2003

Mawdesley and Yorke v Chief Constable of Cheshire Constabulary and Another: Admn 31 Jul 2003

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

Eagle v Chambers: CA 24 Jul 2003

The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was 60% to blame. Held: Courts have consistently required drivers to recognise … Continue reading Eagle v Chambers: CA 24 Jul 2003

Cooksley, Stride, Cook, Crump v Regina; Attorney General’s Reference No 152 of 2002: CACD 3 Apr 2003

JUDGMENT SUMMARY (Not part of the judgment of the Court) The judgment which is being handed down today relates to an Attorney General’s Reference and three appeals against sentence. The cases have been listed together to enable the Court to decide whether to give sentencing guidelines for the offences of causing death by dangerous driving … Continue reading Cooksley, Stride, Cook, Crump v Regina; Attorney General’s Reference No 152 of 2002: CACD 3 Apr 2003

Nawaz and Another v Crowe Insurance Group: CA 24 Feb 2003

The claimant had claimed aganst the driver, but gave notice of the intention to make a claim on his insurance by telephone only. The insurers repudiated liability. Held: Whilst solicitors would be strongly advised to give such notice in writing, an oral notice given to a proper officer of the insurer could be sufficient. In … Continue reading Nawaz and Another v Crowe Insurance Group: CA 24 Feb 2003

Sheldrake v Director of Public Prosecutions: Admn 24 Feb 2003

The defendant challenged the application of the section, under which he was deemed to have intended to drive a vehicle whilst under the influence of alcohol, unless he could prove it was not his intent to drive, saying this infringed his right to a fair trial. Held: The section must be read down to comply … Continue reading Sheldrake v Director of Public Prosecutions: Admn 24 Feb 2003

Regina (Pearson) v Driver and Vehicle Licensing Agency and Another: QBD 6 Nov 2002

The appellant challenged the fact that the details of his conviction for driving with excess alcohol had not been removed from his driving licence despite it being a spent conviction under the 1974 Act. The result was that he had been unable to find work as a driver. Held: The retention of the records was … Continue reading Regina (Pearson) v Driver and Vehicle Licensing Agency and Another: QBD 6 Nov 2002

Brown v Procurator Fiscal, Falkirk: HCJ 8 Mar 2002

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

Roerig v Valiant Trawlers Ltd: CA 28 Jan 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

Ali, Regina v: CACD 3 Oct 2018

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

Barbera, Messegua, and Jabardo v Spain: ECHR 6 Dec 1988

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

Huntley, Regina (on the Application of) v Director of Public Prosecutions: Admn 2 Apr 2004

The appellant appealed by case stated against his conviction by the Haringey Justices or an offence of driving a motor vehicle, having consumed excess alcohol contrary to section 5(1)(a) of the 1988 Act. He said that no direct evidence had been given that he had been driving. Held: The appeal succeeded: ‘The question is, therefore, … Continue reading Huntley, Regina (on the Application of) v Director of Public Prosecutions: Admn 2 Apr 2004

Director of Public Prosecutions v Jackson, Stanley v Director of Public Prosecutions: HL 29 Jul 1998

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

Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

Regina v Roberts and George: CACD 31 Jul 1996

The defendants, a lorry driver and his employer, appealed against convictions for causing death by dangerous driving, and procuring the same. A wheel came loose from the wagon on the motorway, and collided with another vehicle, killing the driver. It was not suggested that the driver’s actual driving fell below a proper standard. Held: Causing … Continue reading Regina v Roberts and George: CACD 31 Jul 1996

Wylie on Behalf of SMP Motor Policies at Lloyds v Wake: CA 21 Dec 2000

The claimant sought to recover damages following a road accident. The driver’s insurance was defective. The driver claimed under section 151, but proceedings were issued without formal notice of the issue of proceedings having been given to MIB. The claim proceeded for some time before objection was made. Held: There was a clear distinction between … Continue reading Wylie on Behalf of SMP Motor Policies at Lloyds v Wake: CA 21 Dec 2000

Sharp By her Next Friend Sharp v Pereira and Motor Insurers’ Bureau: CA 24 Jun 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

Regina v St Albans Crown Court ex parte O’Donovan: Admn 9 Jul 1999

Citations: [1999] EWHC Admin 664 Links: Bailii Statutes: Road Traffic Act 1988 5 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 Regina v St Albans Crown Court ex parte O’Donovan: Admn 9 Jul 1999

Director of Public Prosecutions v Elsender: Admn 9 Jun 1999

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

Crown Prosecution Service v Paul O’Shea: Admn 11 May 1998

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

David Hallinan v Director of Public Prosecutions: Admn 24 Apr 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

Jones v Director of Public Prosecutions: Admn 26 Mar 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

Murray v The United Kingdom: ECHR 27 Mar 2008

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

Wayne Swan v Vehicle Inspectorate: Admn 11 Nov 1996

The Time limit for commencing a prosecution doesn’t begin to run until a person authorised to prosecute is told of the circumstances. A traffic examiner, not authorised to take a decision to prosecute could not be the ‘prosecutor’ under section 6 of the Road Traffic Offenders Act 1988. Citations: Gazette 15-Jan-1997, Times 11-Dec-1996, [1996] EWHC … Continue reading Wayne Swan v Vehicle Inspectorate: Admn 11 Nov 1996

Director of Public Prosecutions v Tucker: Admn 6 Nov 1996

Citations: [1996] EWHC Admin 198 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) 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 Tucker: Admn 6 Nov 1996

Horner v Director of Public Prosecutions: QBD 11 Nov 2005

The defendant appealed by way of case stated from a conviction for failing to identify the driver of a vehicle as required. The defendant argued that he had not been shown to be the registered keeper. Held: It was difficult to establish from the stated case just what evidence had been presented. The case was … Continue reading Horner v Director of Public Prosecutions: QBD 11 Nov 2005

Director of Public Prosecutions v Mukandiwa: QBD 21 Oct 2005

The defendant was asked to give a sample of blood. He declined, saying that the sight of blood drove him into a trance in which state he was liable to be violent. The Director appealed the finding that this was a proper excuse as a health concern. Held: The district judge had failed to distinguish … Continue reading Director of Public Prosecutions v Mukandiwa: QBD 21 Oct 2005

Whiteside v The Director of Public Prosecutions: Admn 21 Dec 2011

The defendant appealed by case stated against conviction under section 172 of failing to provide appropriate driver details. The notices had been received at his address, but he had been unaware of them. He was at the time working regularly in the far East for week at a time. Held: The reference to due diligence … Continue reading Whiteside v The Director of Public Prosecutions: Admn 21 Dec 2011

Cuns, Regina (on The Application of) v Hammersmith Magistrates’ Court: Admn 4 Mar 2016

Application for permission to apply for judicial review, heard as a rolled-up hearing with considerable speed in circumstances where the disqualification of the claimant from driving after a conviction in relation to a drink drive offence meant that he wanted an interim suspension of the disqualification. The defendant claimed to have a phobia of needles, … Continue reading Cuns, Regina (on The Application of) v Hammersmith Magistrates’ Court: Admn 4 Mar 2016

Vehicle and Operator Services Agency, Regina (on the Application of) v Henderson: Admn 15 Dec 2004

The prosecutor appealed a decision of the magistrates not to convict a lorry driver. He had stopped after feeling vibration. At the service station he had taken off and replaced the wheel nuts by hand, and was awaiting service. The vehicle inspector then found him and reported him. Held: The magistrates could not have decided … Continue reading Vehicle and Operator Services Agency, Regina (on the Application of) v Henderson: Admn 15 Dec 2004

Director of Public Prosecutions v Memery: QBD 4 Jul 2002

The Crown Court had concluded that the intoximeter EC/IR was not a validly approved device or if it was that it was unreasonable for the Secretary of State to have approved it since it was a device which detected mouth alcohol, i.e. was liable to give a false reading by failing to distinguish mouth alcohol … Continue reading Director of Public Prosecutions v Memery: QBD 4 Jul 2002

Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2): CA 11 Nov 1999

The claimant film artist showed a film to an advertising agency, who did not make use of it, but later appeared to use techniques and styles displayed in the film in subsequent material sold to third parties. Held: A film was protected as a dramatic work subject to copyright law, but not the artistic techniques … Continue reading Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2): CA 11 Nov 1999

Larner v Solihull Metropolitan Borough Council: CA 20 Dec 2000

The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not otherwise have done. The duty was a target duty, … Continue reading Larner v Solihull Metropolitan Borough Council: CA 20 Dec 2000

Director of Public Prosecutions v Milton: Admn 1 Feb 2006

The prosecutor appealed acquittal of a police officer who had been driving at 150mph. The judge had allowed for the fact that the officer believed that this was safe because of his training. Held: The appeal succeeded. The test was objective. Judges: Hallett LJ Citations: [2006] EWHC 242 (Admin) Links: Bailii Statutes: Road Traffic ACt … Continue reading Director of Public Prosecutions v Milton: Admn 1 Feb 2006

Director of Public Prosecutions v Saddington; Chief Constable of the North Yorkshire Police v Michael Saddington: Admn 1 Nov 2000

A motorised scooter of the type known as a ‘Go-Ped’ was a motor vehicle within the Act. Accordingly a driving licence and third party insurance were both required for its use on a public highway. The scooter required the passenger to stand on a small platform, and was powered by a 22.5cc engine. The braking … Continue reading Director of Public Prosecutions v Saddington; Chief Constable of the North Yorkshire Police v Michael Saddington: Admn 1 Nov 2000

Director of Public Prosecutions v Warren: HL 9 Dec 1992

It was a Police Constable’s responsibility to decide whether a blood or urine specimen was to be taken. He needn’t offer the urine option: ‘it is clear that under section 8(2) the driver, in order that he may decide whether or not to claim that the breath specimen be replaced, should be fully informed of … Continue reading Director of Public Prosecutions v Warren: HL 9 Dec 1992

Director of Public Prosecutions v Wilson: QBD 21 Mar 2001

The use of an admission obtained under compulsion that a driver was the driver, at the time when a car was being driven so as to commit an offence, was not an infringement of the defendant’s human rights, and there was no requirement of a notice that the admission obtained might be used in evidence. … Continue reading Director of Public Prosecutions v Wilson: QBD 21 Mar 2001

Director of Public Prosecutions v Winstanley: QBD 1 Mar 1993

A constable going through the procedure of breathalysing a motorist has the right to require a urine specimen if subsequently no doctor is available, even where he has already heard from the detainee as to his wish to provide a blood sample, and has agreed to that. Citations: Ind Summary 01-Mar-1993 Statutes: Road Traffic Act … Continue reading Director of Public Prosecutions v Winstanley: QBD 1 Mar 1993

Director of Public Prosecutions v Bristow: QBD 28 Oct 1996

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

Director of Public Prosecutions v Humphries: QBD 3 Dec 1999

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

Churchill Insurance v Charlton: CA 2 Feb 2001

The victim of an unlawful act of a driver off-road sought damages from another driver and his insurers. The insurers refused to pay. Held: There is a balance to be found between the statutory purpose of compulsory motor insurance and the principal that a man should not benefit from his own wrongful act. The victim … Continue reading Churchill Insurance v Charlton: CA 2 Feb 2001

Cawthhorn v Director of Public Prosecutions: QBD 31 Aug 1999

The duty falling upon a driver to stop and report an accident immediately and in any event with 24 hours, was not dependent upon him actually driving at the time. A driver parked the vehicle on a hill and left it to post a letter. It rolled away and caused damage. The driver ran away, … Continue reading Cawthhorn v Director of Public Prosecutions: QBD 31 Aug 1999

Baldwin v West Yorkshire Police, orse Baldwin v Director of Public Prosecutions: QBD 3 Jul 1995

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

Greenway v Director of Public Prosecutions: 1993

The defendant appealed against his conviction for driving with excess alcohol. The officer had given evidence that at the time of the test all of the readings showed that the machine was working properly. That evidence was not challenged by the defence. Held: The court rejected, submissions that the print-out had not been put in … Continue reading Greenway v Director of Public Prosecutions: 1993

Murray v Director of Public Prosecutions: QBD 4 Feb 1993

The defendant claimed that a breathalyser procedure mistake vitiated the subsequent prosecution. Held: It was essential that the motorist who was asked to provide a sample of breath be first warned that a failure to provide a specimen would make him liable to be prosecuted. Even though the motorist had not in this case been … Continue reading Murray v Director of Public Prosecutions: QBD 4 Feb 1993

Norman v Ali and Another, Norman v Aziz: CA 13 Jan 2000

The claimant sought damages following a road accident against an uninsured driver through the Motor Insurer’s Bureau. The Bureau later required him to issue proceedings also against the car owner on the ground that he had permitted the driving. At first it was held the limitation period was six years for such a claim, but … Continue reading Norman v Ali and Another, Norman v Aziz: CA 13 Jan 2000

Jubb v Director of Public Prosecutions: 2002

The arrested driver was given a warning under section 7(7) before two specimens of breath were obtained. The officer thought the specimens unreliable being of uneven volume. The officer then gave the appellant the chance to repeat the breath analysis procedure, but stressed that the appellant was under no obligation to do so. The appellant … Continue reading Jubb v Director of Public Prosecutions: 2002

Ridehalgh, Regina (on the Application of) v Director of Public Prosecutions: Admn 23 May 2005

The appellant a police officer had arrived at work having been drinking. A senior officer asked if he had driven to work. He replied yes, and on that basis had been convicted of driving with excess alcohol. He appealed saying that the question should have been put to him under caution. The magistrates said: ‘we … Continue reading Ridehalgh, Regina (on the Application of) v Director of Public Prosecutions: Admn 23 May 2005

Smith v Director of Public Prosecutions: Admn 30 Jan 2007

The defendant appealed his conviction for driving with excess alcohol, arguing that the prosecution had failed to provide the roadside breath test figures. Held: The appeal failed, and was indeed hopeless. Pill LJ said: ‘The specimens of breath which established whether or not a defendant has committed an offence under section 5(1) of the 1988 … Continue reading Smith v Director of Public Prosecutions: Admn 30 Jan 2007

Edmond v Director of Public Prosecutions: Admn 23 Feb 2006

The defendant appealed his conviction for driving with excess alcohol. The readings on the Intoximeter were too wide apart and the officer requested a blood specimen. He complained that he had not been given a fresh warning before this request. Held: The requests were part of the same transaction. There was no requirement to repeat … Continue reading Edmond v Director of Public Prosecutions: Admn 23 Feb 2006

Director of Public Prosecutions v Noe: QBD 19 Apr 2000

When required to give a sample of breath, the motorist consented but made his consent conditional upon first having access to a law book. He was charged with refusing to provide a specimen of breath without a lawful excuse. A motorist is not entitled to add a condition to his consent, and he had no … Continue reading Director of Public Prosecutions v Noe: QBD 19 Apr 2000

Hereford and Worcester County Council v Pick: 1 Apr 1995

The issue was whether a presumed dedication of a road as a public highway could result from twenty years or more of uninterrupted public use in breach of section 34(1) of the 1988 Act. The court was considering whether a footpath, alleged to have become a public highway for vehicles by presumed dedication, had been … Continue reading Hereford and Worcester County Council v Pick: 1 Apr 1995

Beauchamp Thomson v Director of Public Prosecutions: 1989

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

Director of Public Prosecutions v Andrew Earle Anthony Brown, Jose Teixeira: QBD 16 Nov 2001

Where a defendant to a charge of driving with excess alcohol, sought to test the accuracy of the Intoximeter, the Magistrates should consider whether the evidence was as to the particular Intoximeter used, and was of sufficient quality to displace the presumption in law that the Intoximeter system in general works. The evidence in such … Continue reading Director of Public Prosecutions v Andrew Earle Anthony Brown, Jose Teixeira: QBD 16 Nov 2001

Regina v Lawrence (Stephen): HL 1981

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

Director of Public Prosecutions v Manchester and Salford Magistrates’ Court: Admn 7 Jul 2017

Prosecutions brought against motorists in unconnected circumstances for driving a motor vehicle on a road or other public place after consuming so much alcohol that the proportion if it in their respective breath exceeded the prescribed limit, contrary to s. 5 of the Road Traffic Act 1988. The same defence solicitors have appeared and, in … Continue reading Director of Public Prosecutions v Manchester and Salford Magistrates’ Court: Admn 7 Jul 2017