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
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
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
The appellant had been convicted of causing death by careless driving with excess alcohol. He said that he had taken alcohol after stopping driving but before being tested. He challenged the weight of the burden of proof ascribed by the statute. The judge had directed the jury that he faced a persuasive burden of establishing … Continue reading Drummond v Regina: CACD 7 Mar 2002
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
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
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
On a prosecution for causing death by dangerous driving, contrary to section 1 of the 1988 Act, the fact that the driver was adversely affected by alcohol was a relevant circumstance in determining whether he was driving dangerously.’The fact (if it be so) that an accused has ingested a large quantity of alcoholic drink is … Continue reading Regina v Woodward (Terence): CACD 7 Dec 1994
The defendant had been convicted of other offences at the crown court. Traffic offences were also committed for sentence. The judge imposed a disqualification and penalty points. The section clearly required either a disqualification, or imposition of points. He had erred in doing both, and the penalty points were removed. Citations: [1997] EWCA Crim 1828 … Continue reading Regina v Powell: CACD 14 Jul 1997
The defendant, a Grade 1 advanced police driver, had driven very fast in pursuit of a stolen car. He crossed a junction at high speed and collided with another vehicle causing two deaths. He gave evidence that he believed that the police were controlling traffic at that junction and that it was safe for him … Continue reading Regina v Collins: CACD 7 Mar 1997
The defendant, having succeeded at the crown court in reducing his ban for driving offences, now appealed a small order for costs in his favour. Held: He was entitled to the just and reasonable costs of making the appeal. The award of andpound;150 instead of andpound;650 without giving reasons was wrong. No solicitor whether in … Continue reading Galandauer v Snaresbrook Crown Court: Admn 27 Jun 2006
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 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 defendant appealed by case stated against a conviction for driving a lorry without due care and attention, leading to the death of another road user. There had been an unexplained swing of the rear of his trailer out into the path of the other vehicle. Held: It was plainly open to the magistrates to … Continue reading Bingham, Regina (on the Application of) v Director of Public Prosecutions: Admn 7 Feb 2003
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
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
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 their case, the justices stated that the defendant had failed to prove … Continue reading Gabriel Mckeon v Director of Public Prosecutions: Admn 19 Dec 2007
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
Appeal against acquittal of offence of driving a motor vehicle whilst over the prescribed alcohol limit. The defendant had challenged the calibration of the Camic breath testing machine which showed the incorrect date. Citations: [1997] EWHC Admin 946 Statutes: Road Traffic Act 1988 5(1)(a), Police and Criminal Evidence Act 1984 69 Jurisdiction: England and Wales … Continue reading Director of Public Prosecutions v Garnett: Admn 30 Oct 1997
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
driving while disqualified Citations: [2003] EWHC 768 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 3(1)(b) Jurisdiction: England and Wales Road Traffic Updated: 21 July 2022; Ref: scu.185586
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
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 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
The defendant appealed his conviction for dangerous driving. The failure of the police to serve him with a notice of intended prosecution invalidated the conviction. The police replied that there was no need for such a notice because there had been an accident. The driver had been stopped but had then driven off. A police … Continue reading Currie, Regina v: CACD 26 Apr 2007
Judges: Collins J Citations: [2007] EWHC 552 (Admin) Links: Bailii Statutes: Town Police Clauses Act 1847& 45, Road Traffic Act 1988 143 Jurisdiction: England and Wales Road Traffic Updated: 10 July 2022; Ref: scu.251148
The applicants sought judicial review of preliminary directions given for the intended inquest on the deaths of Diana Princess of Wales and of Dodi Al Fayed. It was submitted that the jurisdiction had been wrongly transferred to the Queen’s Coroner under section 14. Held: under the 1988 Act, the Coroner for the Queen’s household was … Continue reading Paul and others v Deputy Coroner of the Queen’s Household and Another: Admn 2 Mar 2007
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
The claimant had been severely injured in a road traffic accident. His claim was compromised and embodied in a court order, but later a question was raised as to whether he had had mental capacity at the time to make the compromise he had. Held: The term ‘patient’ in this context had a meaning specific … Continue reading Bailey v Warre: CA 7 Feb 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
The claimant was a cyclist. He passed along inside a line of traffic, and collided with a lorry turning left into a petrol station ahead of him, suffering serious injuries. He appealed against a finding that the lorry driver had signalled and that he had not been watching where he was going. Held: The claimant … Continue reading Clenshaw v Tanner and others: CA 27 Nov 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
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
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
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
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
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
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
Citations: [1997] EWHC Admin 129 Links: Bailii Statutes: Road Traffic Act 1988 3 Road Traffic Updated: 25 May 2022; Ref: scu.137074
Choice between blood and urine sample did not need explanation of doctor’s role. Citations: Times 13-Mar-1997, [1997] EWHC Admin 83 Links: Bailii Statutes: Road Traffic Act 1988 5(1) 7(4) 8(2) Road Traffic Updated: 25 May 2022; Ref: scu.137028
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
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
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
There was no need for a police officer to warn the defendant of the three minute cycle for the Intoximeter after a test. A failure to warn a motorist of the machine time limit was not good reason for a driver to refuse to give a specimen. Citations: Ind Summary 17-Jul-1995, Times 20-Jul-1995 Statutes: Road … Continue reading Director of Public Prosecutions v Coyle: QBD 17 Jul 1995
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
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 police had set up a series of speed traps in London Road, Croydon. Mr Little occupied himself giving warning signals to drivers approaching the traps, thus ensuring that they did not exceed the speed limit. There was no evidence that the drivers were exceeding the speed limit at the time when they received Mr … Continue reading Bastable v Little: 1907
Where land is on the face of it private land, the prosecutor accusing the defendant of driving on a public road, must establish the fact of public access, as here in relation to the forecourt of a private members club. Citations: [1972] RTR 286 Jurisdiction: England and Wales Cited by: Cited – Harriot v Director … Continue reading Pugh v Knipe: 1972
A motorist was suspected of driving under the influence of alcohol and was required to provide a specimen of breath. He claimed that he had consumed alcohol only a few minutes earlier and the constable had to wait until 20 minutes had elapsed before administering a breath test. Meanwhile the appellant consumed more alcohol supplied … Continue reading Dibble v Ingleton: 1972
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
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
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
Citations: [1996] EWHC Admin 39 Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 05 May 2022; Ref: scu.136587
(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
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
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
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
The defendant had successfully argued no case to answer, on a charge of driving without due care. The prosecutor appealed by way of case stated. From the detailed notes available to the court, it was clear that there was evidence before them to put the defendant to an answer. Case remitted. Citations: [1997] EWHC Admin … Continue reading Director of Public Prosecutions v Spicer: Admn 13 Mar 1997
Requirement for blood test not invalidated by not asking before refusal. Citations: Times 13-Mar-1997 Statutes: Road Traffic Act 1988 7(3) Road Traffic Updated: 09 April 2022; Ref: scu.86340
An injured suspect should still be asked why a blood specimen should not to be taken. A failure to follow the statutory procedure to request a blood sample in hospital had misled the driver. Citations: Independent 27-Jan-1995, Independent 29-Dec-1994, Times 17-Nov-1994 Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 09 April 2022; Ref: scu.86259
Doctors certificate re blood sample admissible when service requirements waived by defendant; no signature on certificate. Citations: Times 21-Jul-1997 Statutes: Road Traffic Offenders Act 1988 16 Transport Updated: 09 April 2022; Ref: scu.83218
Defendant convicted for driving wth excess alcohol – Appeal against finding that no special reasons for reducing penalty – belch during breath test artificially raising reading. Citations: [2007] EWHC 36 (Admin) Links: Bailii Statutes: Road Traffic Offenders Act 34(1), Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 06 April 2022; Ref: … Continue reading Ng v Director of Public Prosecutions: Admn 26 Jan 2007
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
Citations: [2018] EWHC 100 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 172 Jurisdiction: England and Wales Road Traffic Updated: 04 April 2022; Ref: scu.604741
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
Failure to name driver Judges: Sir Ross Cranston Citations: [2017] EWHC 2546 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 172 Jurisdiction: England and Wales Road Traffic Updated: 01 April 2022; Ref: scu.599394
The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link. Held: The purpose of the section was to improve the quality of the evidence presented to a court. There was no absolute right for a defendant to be … Continue reading D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005
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 driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and claimed an indemnity from the driver. His motor policy covered him, as required in respect … Continue reading R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd: SC 27 Mar 2019
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
A car was seen speeding. Husband and wife each said that they did not know who was driving it in response to notices requiring that information. Mrs M now appealed against her conviction under section 172. Beatson LJ, Kenneth Parker J [2015] EWHC 2333 (Admin), (2016) 180 JP 33 Bailii Road Traffic Act 1988 172(2)(b) … Continue reading Marshall v Crown Prosecution Service: Admn 17 Jun 2015
Those advertising and selling devices which were designed to detect the presence of police radar speed devices commit the offence of incitement under section 1(1) of the 1949 Act which required a licence for the use of such apparatus. [1976] RTR 251, [1976] Crim LR 131 Wireless Telegraphy Act 1949 1(1) England and Wales Cited … Continue reading Invicta Plastics Limited v Clare: QBD 1976
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005
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
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
