The magistrates stated a case where the police officer requiring a breath speciment, had not allowed a wait of 20 minutes where the defendant had recently eaten a ‘tic-tac’, contrary to the procedure. Judges: Kennedy LJ, Crane J Citations: [2005] EWHC 1533 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6), Road Traffic Offenders Act … Continue reading Director of Public Prosecutions v Coulter: Admn 29 Jun 2005
Judges: Davis J Citations: [2004] EWHC 2484 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 10 June 2022; Ref: scu.219268
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 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
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
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
The defendant had failed to provide a specimen of breath at the police station. Her GP gave evidence that she suffered from panic attacks, and that such an attack would lead to a shortness of breath which would make it difficult for her to provide a specimen of breath. The prosecutor’s appeal failed. The magistrates … Continue reading Director of Public Prosecutions v Falzarano: QBD 16 Nov 2000
A motorist had deliberately failed to complete the breath test procedure twice. In later court proceedings he was able to bring medical evidence that he would have been unable to do so in any event. He was held to have been properly convicted. There could be no reasonable excuse where inability was later shown. He … Continue reading Director of Public Prosecutions v Furby: QBD 23 Mar 2000
Failing to give breath test charge needn’t specify which of sections 4 or 5. On a charge of failing to give a breath specimen, there was no need to specify which offence. Citations: Independent 19-Aug-1994, Times 22-Jul-1994 Statutes: Road Traffic Act 1988 7(6) Road Traffic Updated: 10 May 2022; Ref: scu.79994
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
Prosecutor’s appeal against dismissal of charge of failing to provide specimen of breath on bais that police had failed properly to follow the procedures. [1997] EWHC Admin 1046 Road Traffic Act 1988 7(6) England and Wales Road Traffic Updated: 04 January 2022; Ref: scu.137991
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The court had delivered a draft judgment which counsel said was based upon a fundamental misunderstanding of the case she had presented. Counsel now suggested that the matter should be referred to a two judge divisional court. That was refused. The . .
Medical reasons for failure to provide specimen of blood for examination. . .
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 . .
Appeal by way of case stated from conviction for an offence of failing to provide a specimen of breath without reasonable excuse, contrary to section 7(6) of the Road Traffic Act 1988. . .
The defendant appealed his conviction for failing to give a specimen of breath saying that he had had no more breath to give. The machine had required the mouthpiece to be retained for inspection, but the officer had disposed of it. In formulating . .
Failure to provide specimen of blood. . .
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The applicant sought judicial review of the refusal of the magistrates to state a case for him to appeal to the High Court. He had been convicted of failing to provide a specimen of breath for analysis. The magistrates considered the request . .
Where a motorist told an officer at the roadside that he suffered from bronchitis, and could not provide a specimen of breath, and he wanted to rely upon the same reason at the police station, he could not claim that the officer in the station should know of his objection, but should make it clear … Continue reading Director of Public Prosecutions v Lonsdale: QBD 16 Feb 2001
The court was asked whether, at least in the particular circumstances of the case, self-induced intoxication could properly amount to a ‘reasonable excuse’ for failing to provide a specimen of breath for analysis, for the purposes of an alleged offence under section 7(6) of the 1988 Act. Held: In these particular xircumstances, no. Judges: Lindblom … Continue reading Director of Public Prosecutions v Camp: Admn 15 Dec 2017
Appeal by way of case stated from a convicting the Appellant of three road traffic offences, including failure to provide a specimen of breath for analysis contrary to section 7(6) of the 1988 Act. The ground of appeal is that the justices wrongly acceded to the prosecution application to allow a police officer to refresh … Continue reading Cummings v Crown Prosecution Service: Admn 15 Dec 2016
Restraint on Interference with Burden of Proof The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was heard before … Continue reading Regina v Lambert: HL 5 Jul 2001
