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
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Judges: Mr Justice Chamberlain Citations: [2022] EWHC 2780 (Admin) Links: Bailii Statutes: Road Vehicles (Construction and Use) Regulations 1986 7(3A), Road Traffic Act 1988 42 Jurisdiction: England and Wales Road Traffic Updated: 04 November 2022; Ref: scu.682330
The defendant appealed by case stated from his conviction for using a motor vehicle fitted with a siren. When stopped various items suggesting that driver might be providing an ambulance service were found. The siren was not used. Held: The test was: ‘is the vehicle concerned used (or primarily used) for conveying the sick, the … Continue reading Lord-Castle v Director of Public Prosecutions: QBD 23 Jan 2009
The prosecution appealed by way of case stated from the acquittal of the defendant for failing to provide a specimen of breath. She had been distressed on being arrested, and the magistrates concluded that her distress had been the cause of her failing to provide the specimen at the police station. They certified a question … Continue reading Director of Public Prosecutions v Grundy: Admn 3 May 2006
Medical reasons for failure to provide specimen of blood for examination. Judges: Maurice Kay LJ, Mitting J Citations: [2006] EWHC 2007 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 12 November 2022; Ref: scu.244237
The defendant appealed his conviction for failing to provide a specimen of breath without reasonable excuse. The magistrates rejected the defendant’s statement that he had had difficulty providing the breath specimen at the roadside, that he faced similar difficulty in the station, and that he had asthma and was under treatment with anti-biotics. Held: The … Continue reading Oladimeji v Director of Public Prosecutions: Admn 11 May 2006
The applicants appealed against an enforcement notice. They had constructed a vehicular access to their cottage over the site of a footpath. They claimed it was permitted as the construction of access to the highway. Held: The construction of such a drive over a public footpath could be an offence under the Road Traffic Act. … Continue reading Shepherd and Shepherd v The Secretary of State For The Environment, Three Rivers District Council: CA 10 Oct 1997
Appeal against conviction for driving with excess alcohol – officer reading out contents of the print-out when it had not been served on the defendant. Judges: Silber J Citations: [2006] EWHC 1575 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 27 October 2022; Ref: scu.242954
Appeal against conviction for driving with excess alcohol – defence claim that prosecution became abuse of process for delay and absence of CCTV evidence lost by police. Citations: [2006] EWHC 1570 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 21 October 2022; Ref: scu.242953
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
Citations: [1997] EWCA Civ 1947 Statutes: Road Traffic Act 1988 151 Jurisdiction: England and Wales Road Traffic, Insurance Updated: 04 October 2022; Ref: scu.142343
Appeal against conviction for driving with excess alcohol – officer having mobile phone with him and turned on contrary to manufacturer’s instructions. Held: The appeal failed. ‘This appeal should, in my view, mark the end of arguments before Magistrates’ Courts and Crown Courts that, merely because a mobile telephone or police radio was — still … Continue reading Scheiner v Director of Public Prosecutions: Admn 13 Jun 2006
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 offence of causing death by driving while unlicensed, disqualified or uninsured, is committed if the driver is unlicensed, disqualified or uninsured and if the driving is a cause of death in the sense that it was ‘more than negligible or de minimis’. It was not an element of the offence that the defendant’s driving … Continue reading Williams, Regina v: CACD 2 Nov 2010
The applicant had unsuccessfully appealed against his conviction for driving with excess alcohol. He had been stopped randomly to check his documents and the road worthiness of the older car. Held: The appeal failed. May LJ said: ‘Whether it be under section 163 of the Road Traffic Act 1988, or under a duty at common … Continue reading Beckett, Regina (on The Application of) v Aylesbury Crown Court: Admn 22 Jan 2004
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
Appeal by way of case stated from a decision convicting the Appellant of the offence of driving a motor vehicle on a road when the proportion of alcohol in her breath exceeded the prescribed limit, contrary to section 5(1)(a) of the Road Traffic Act 1988 – whether the magistrates, who had retired to consider their … Continue reading Malcolm v Director of Public Prosecutions: QBD 27 Feb 2007
The appellant had convicted of an offence under s5 on the basis of evidence provided by a laboratory test of a blood sample provided under section 8(2). In each case it was contended that the prosecution were required to prove that the intoximeter was working properly before evidence of the test of the blood specimen … Continue reading Prince v The Director of Public Prosecutions: Admn 1996
The defendant pleaded guilty to the rape of a twelve year old girl on the agreed basis that he had believed her to be 15, but had been advised that given her age, his belief was immaterial. He now appealed saying that the presumption infringed his human rights. Held: The question was whether the section … Continue reading Regina v G: CACD 12 Apr 2006
The claimant had been severely injured in a car crash when his younger brother was driving. The driver did not have the owner’s permission to drive, and the insurer sought to avoid laibility. Held: ‘insurers do not have to prove that the injured passenger actually believed that the vehicle had been stolen or unlawfully taken. … Continue reading McMminn v McMinn and Another: QBD 11 Apr 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 irrebuttable presumption contained in the Act that the level of alcohol contained in the accused’s blood at the time when he was stopped was no less than the level measured later that the police station, was not incompatible with the defendant’s right to a fair trial. It lay ill in the mouth of a … Continue reading Parker v Director of Public Prosecutions: Admn 7 Dec 2000
Citations: [1998] EWHC Admin 321 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 27 May 2022; Ref: scu.138442
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
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
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
Citations: [2019] EWCA Crim 258 Links: Bailii Statutes: Road Traffic Act 1988 2 Jurisdiction: England and Wales Criminal Sentencing Updated: 18 May 2022; Ref: scu.634204
‘obvious to a careful and competent driver’ refers to a dangerous state which would be ‘seen or realised at first glance’ Citations: [1995] Crim LR 428 Statutes: Road Traffic Act 1988 2A Jurisdiction: England and Wales Cited by: Cited – Regina v Roberts and George CACD 31-Jul-1996 The defendants, a lorry driver and his employer, … Continue reading Regina v Strong: 1995
Judges: Lord Justice Elias Mr Justice Hickinbottom Citations: [2014] EWHC 4089 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 170(4) 171 1(b)(i) Jurisdiction: England and Wales Road Traffic Updated: 23 April 2022; Ref: scu.542536
The second defendant, a farmer, employed the first defendant, inter alia, to drive his tractor. The tractor, when fitted up was necessarily dangerous, but was licensed to be driven on the roads. There was a fatal accident on the highway. The defendants appealed from convictions for causing death by dangerous driving. Held: The Court concluded … Continue reading Regina v Marchant and Another: CACD 21 Jul 2003
The defendant appealed by case stated against his conviction for driving a Segway scooter on a footpath. He denied that it was ‘a mechanically propelled vehicle intended or adapted for use on roads.’ Held: The appeal failed. The district judge had correctly read and applied the authorities. The manufacturer’s statement that the Segway was not … Continue reading Coates v Crown Prosecution Service: Admn 29 Jul 2011
The driver had crashed into the insured’s building causing substantial damage. The court was asked which of the driver’s and building’s insurers should bear the costs. The driver’s insurers said that he had acted deliberately and therefore they were not liable. Though they might even so be liable through the Motor Insurers Bureau, the provisions … Continue reading Bristol Alliance Ltd v Williams and Another: QBD 1 Jul 2011
The court was asked: ‘i) whether it is possible to obtain a judgment in respect of a claim for damages against a defendant identified only by description (‘an unnamed defendant’), in the context of a motor claim against an unidentified hit-and-run driver, where the vehicle was identified and an insurance policy had been effected in … Continue reading Cameron v Hussain and Another: CA 23 May 2017
[1997] EWHC Admin 1042 Road Traffic Act 1988 143(2) England and Wales Citing: Appealed to – Director of Public Prosecutions v Kavaz CACD 17-Mar-1999 The duty to demonstrate that a car is properly insured and has an MOT certificate remains the responsibility of the actual driver. . . Cited – Rex v Oliver 1944 When … Continue reading Director of Public Prosecutions v Kavaz: Admn 25 Nov 1997
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004
Mr Harrison was convicted by the Sheriff-substitute of an offence under section 7(4) of the 1930 Act on the ground that, while disqualified from holding a driving licence, he had driven a vehicle on a specific road. The Sheriff-substitute stated a case for appeal to the High Court. The facts admitted or proved included the … Continue reading Harrison v Hill: 1932
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
The appellant had been convicted by justices of an offence of being in charge of a mechanically propelled vehicle on a public place while unfit through drink, contrary to section 4 of the 1988 Act. The issue was whether the vehicle was on a public place. The place in question was a private car park … Continue reading Director of Public Prosecutions v Richardson: Admn 27 Nov 2014
Richards, Toulson, Sullivan LJJ [2010] EWCA Civ 808, [2011] RTR 1 Bailii Transport Act 1985, Road Traffic Act 1988 123 England and Wales Road Traffic Updated: 23 November 2021; Ref: scu.420768
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act could become criminal. The prosecutor appealed the decision of … Continue reading Regina v Johnstone: HL 22 May 2003
The defendant had crashed his car after driving off with a girl, and while being chased by another car driven by her boyfriend. The police first cautioned him for false imprisonment, but then prosecuted him for careless driving. The prosecutor appealed against a successful plea of autrefois convict. The defendant said that the offence for … Continue reading Director of Public Prosecutions v Alexander: Admn 27 Jul 2010
Uninsured Driver Not Guilty of Causing Death The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convicted of causing his death whilst uninsured. At trial he succeeded in arguing that he had not caused the death, but … Continue reading Hughes, Regina v: SC 31 Jul 2013
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to cover the earlier shortfall, by allowing for them when issuing a certificate to increase … Continue reading Peacock, Re: SC 22 Feb 2012
The claimant appealed against refusal of judicial review of decisions of the parking adjudicator as to the correctness of 39 penalty charge notices. In each case, they said that the signage supporting the notice, in particular single and double yellow lines and flashes was inadequate or wrong. It was said that a failure of any … Continue reading Herron and Another, Regina (on The Application of) v The Parking Adjudicator: CA 27 Jul 2011
The court was asked whether evidence of the commission of the criminal offence of causing death by careless driving contrary to section 2B of the 1988 Act is capable of justifying a verdict of ‘unlawful killing’ at an inquest. Held: The coroner had been wrong to leave the offences of causing death by dangerous driving … Continue reading Wilkinson, Regina (on The Application of) v HM Coroner for The Greater Manchester South District: Admn 11 Oct 2012
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 defendant appealed by case stated from his conviction of attempting to drive a motor vehicle on a public road, having consumed alcohol in excess of the prescribed limit on the same occasion. At the time he was said to have attempted to drive, the car was no longer on a public road. The appellant … Continue reading Director of Public Prosecutions v Moore: Admn 2 Mar 2010
The driver appealed against her conviction for driving with excess alcohol. She said that she had not been given the protection provided under section 9 against being required to provide a specimen whilst under the care of a doctor at hospital.
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