Citations: [1990] 91 Crim App R 108 Statutes: Road Traffic Offenders Act 1988 15 Jurisdiction: England and Wales 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 … Continue reading Mallard v Director of Public Prosecutions: 1990
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
Whether a certificate of motor insurance which may be avoided for non-disclosure is nevertheless a ‘valid’ certificate of insurance within the meaning of the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 Citations: [2020] EWHC 1288 (Admin) Links: Bailii Jurisdiction: England and Wales Road Traffic Updated: 04 December 2022; Ref: … Continue reading Linse, Regina (on The Application of) v Chief Constable of North Wales Police: Admn 29 May 2020
The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed. Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use relied on constituted an offence under section 34(1) of the 1988 Act. A claim of long … Continue reading Robinson v Adair: QBD 2 Mar 1995
When a driver suffers an obligatory disqualification through a drink driving offence, the court may not at the same time impose on his licence additional penalty points for offences associated with the events of the drink driving offence. The 1988 Act was a consolidating act, and was not to be construed so as to change … Continue reading Martin v Director of Public Prosecutions: QBD 30 Nov 1999
The defendant appealed against his conviction for failing to produce his driving documents, saying that the local police had stopped some 55 times in the previous 12 months, and that the request was improper and an abuse. Held: ‘An officer can only require a driver to produce his licence if the requirement is for the … Continue reading Nembhard v Director of Public Prosecutions: Admn 21 Jan 2009
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 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
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000
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
Car park used as pedestrian route to shops is road by virtue of that use. Citations: Times 11-Dec-1996 Statutes: Road Traffic Act 1988 192 (1) Jurisdiction: England and Wales Road Traffic Updated: 04 November 2022; Ref: scu.79204
The concept of a ‘Road’ under the Act includes areas of a public car park marked out for the use of vehicles. Citations: Times 03-Dec-1996, [1996] EWCA Civ 1029, [1997] 1 WLR 1082, [1998] RTR 309 Links: Bailii Statutes: Road Traffic Act 1988 192 Jurisdiction: England and Wales Cited by: Appeal from – Clarke v … Continue reading Cutter v Eagle Star Insurance Company Limited: CA 22 Nov 1996
The defendant motorist was accused of driving with excess alcohol. There had been a difference in readings between two samples taken within a short time of each other. Held: He should have been allowed an adjournment to bring his own expert witness to explain the discrepancy. A breath test taken only a short time after … Continue reading Parish v Director of Public Prosecutions (Orse Parrish v Director of Public Prosecutions): QBD 1 Nov 1999
It was proper for a court sentencing for careless driving to allow for the fatal consequences of the driving. As long as culpability remains a sentencing consideration, the court was entitled to make such an allowance. Citations: Times 04-Feb-1999 Statutes: Road Traffic Act 1988 Jurisdiction: England and Wales Road Traffic Updated: 25 October 2022; Ref: … Continue reading Regina v Simmonds: CACD 4 Feb 1999
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
A reason for not giving a specimen of breath remained valid even if not given at time. Citations: Gazette 10-Feb-1993 Statutes: Road Traffic Act 1988 6(4) Jurisdiction: England and Wales Road Traffic Updated: 25 October 2022; Ref: scu.80024
Judges: Lord Justice Elias Mr Justice Openshaw Citations: [2009] EWHC 3082 (Admin), (2010) 174 JP 111 Links: Bailii Statutes: Road Traffic Offenders Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 25 October 2022; Ref: scu.381667
The defendant passenger pulled on the handbrake at speed and caused a crash which her husband, the driver could not prevent. She was charged with manslaughter. Judges: Toulson LJ, Kenneth Parker J, Barker QC J Common Serjeant Citations: [2012] EWCA Crim 641, [2012] 1 WLR 3349, [2013] RTR 4, [2012] WLR(D) 60 Links: Bailii Statutes: … Continue reading Meeking, Regina v: CACD 29 Feb 2012
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 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 claimant a 78 year old lady had crashed. Her appeal from revocation of her drivers licence was refused and she appealed. Held: The magistrates had not taken proper account of the drivers medical evidence. The decision was perverse and to be set aside. Citations: [2015] EWHC 271 (Admin) Links: Bailii Statutes: Road Traffic Act … Continue reading Hitchen, Regina (on The Application of) v Oxford Magistrates Court: Admn 19 Jan 2015
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
A diabetic who drove anticipating a diabetic attack was driving recklessly and his act constituted dangerous driving. Citations: Gazette 02-Aug-1996, Times 16-Jul-1996, [1997] RTR 457 Statutes: Road Traffic Act 1988 2A Jurisdiction: England and Wales Cited by: Cited – Milton v Crown Prosecution Service Admn 16-Mar-2007 The defendant appealed his conviction for dangerous driving, saying … Continue reading Regina v Marison: CACD 16 Jul 1996
Bogus but uncompleted insurance forms were illegal – might deceive motorist. Citations: Ind Summary 15-May-1995 Statutes: Road Traffic Act 1988 173(1)(c) Jurisdiction: England and Wales Road Traffic Updated: 08 October 2022; Ref: scu.86072
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
Two applications for judicial review, arising out of prosecutions for driving with a breath alcohol level in excess of the statutory limit, contrary to section 5(1) of the Road Traffic Act 1988 (‘the RTA’). In both cases, following the service of a defence statement, the District Judge allowed a defence application for disclosure pursuant to … Continue reading Director of Public Prosecutions v Walsall Magistrates’ Court and Another: Admn 5 Dec 2019
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 AG sought to refer to the court as unduly lenient a sentence of 100 hours community service for causing death by dangerous driving. The had been seen driving erratically along the M6, when he veered onto the hard shoulder colliding with an unlit vehicle, killing the driver. Held: Falling asleep at the wheel usually … Continue reading Attorney General’s Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger: CACD 29 Jul 1999
The defendant appealed against his conviction for causing death by dangerous driving and failing to provide a specimen of breath. Citations: [2009] EWCA Crim 1452 Links: Bailii Statutes: Road Traffic Act 1988 3A(1) Jurisdiction: England and Wales Crime, Road Traffic Updated: 26 August 2022; Ref: scu.347706
The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010
Issues relating to disclosure obligations and the stay of proceedings as an abuse of process. Both relate to the disclosure of material concerning Intoximeters used for testing alcohol on the breath. Citations: [2005] EWHC 2986 (QB) Links: Bailii Statutes: Road Traffic Act 1988 11(2) Jurisdiction: England and Wales Criminal Practice, Road Traffic Updated: 16 August … Continue reading Director of Public Prosecutions v Wood: QBD 19 Jan 2006
Judges: Simon J Citations: [2009] EWHC 3595 (Admin), [2010] RTR 18 Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 14 August 2022; Ref: scu.401943
The defendant appealed against his conviction for driving with excess alcohol. Judges: Elias LJ, Openshaw J Citations: [2009] EWHC 2824 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 13 August 2022; Ref: scu.396500
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
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
The Police Constable had failed to enquire further on the issue of ‘taking tablets’ as a medical reason for refusing to give a breath test. The prosecution failed. Citations: Times 14-Feb-1995, (1996) RTR 177 Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Cited by: Cited – Steadman v Director of Public Prosecutions QBD … Continue reading Wade v Director of Public Prosecutions: QBD 14 Feb 1995
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 a conviction that he had driven a vehicle through a red light contrary to the provisions of section 36(1) of the Road Traffic Act 1988 and related regulations. He said that the Gatsometer device was not an approved device as required, saying that the 1991 Act required any such approval to … Continue reading Robbie the Pict, Regina (On the Application of) v Crown Prosecution Service: Admn 24 Apr 2009
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. The insurers now appealed against Held: The appeal succeeded. It is … Continue reading Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019
A police officer was driving in the opposite direction to the accused. He came round a bend in the road to face two vehicles, one was driven by the accused overtaking the other vehicle. He was in the police officer’s path. The officer braked, skidded and mounted the nearside verge, thus avoiding a head on … Continue reading Bemner v Westwater: HCJ 1993
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
The defendant appealed a decision of the magistrates to adjourn his trial for a breathaliser offence when the Crown Prosecution Service had not warned officers to attend to give evidence. On this application, the CPS filed an acknowledgment, did not attend the hearing or seek to justify its failure to warn the police officers. No … Continue reading Walden, Regina (on the Application of) v Highbury Corner Magistrates’ Court: Admn 19 Mar 2003
Citations: [2008] EWHC 643 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Road Traffic Updated: 14 July 2022; Ref: scu.266888
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 frivolous within the 1980 Act. He held, as a finding of fact, that … Continue reading Regina v Inner London Justices ex parte Cukic: Admn 1 Sep 1995
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
When the appellant appeared at the Magistrates’ Court to answer a charge of driving whilst uninsured, a preliminary point was taken on her behalf that the prosecution had not been commenced within 6 months of the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings had become available. In response … Continue reading Regina v Haringey Magistrates’ Court ex parte Amvrosiou: Admn 13 Jun 1996
A-G’s appeal against sentence of 15 months Custody Probation following the defendant’s conviction for causing death by careless driving having consumed excess alcohol. Judges: Nicholson LJ. Campbell LJ and Coghlin J Citations: [2006] NICA 39 Links: Bailii Statutes: Criminal Justice Act 1988, Road Traffic (Northern Ireland) Order 1995 14(1)(b) Northern Ireland, Criminal Sentencing Updated: 08 … Continue reading McManus, Regina v: CANI 19 Oct 2006
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the prosecution, and subject to disclosure requirements accordingly. The prosecution replied that the meter manufacturer specifications were protected as confidential. … Continue reading Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy: Admn 19 Jan 2006
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
The defendant appealed against his conviction for speeding on an appeal to the crown court. He said that he had not received the notice of intended prosecution as required within fourteen days. Held: The Act shifted the burden of proof of late delivery onto the defendant. The letter by had been sent ordinary first-class post … Continue reading Gidden v Director of Public Prosecutions: QBD 29 Oct 2009
Judges: Rose LJ, Pitchford J Citations: [2004] EWHC 2914 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 21 June 2022; Ref: scu.220538
A private company car park, where there was no proof of use by the public, was not a public road, and a driver could not be convicted of dangerous driving whilst in it. There must be evidence that the public actually utilised premises before a court can conclude that they are a ‘public place’. It … Continue reading Regina v Spence: CACD 24 May 1999
Judges: Forbes J Citations: [2004] EWHC 2635 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 10 June 2022; Ref: scu.219718
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
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 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
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
A was arrested. He was already on bail for possession of cannabis, and in the hope finding further evidence he was asked to empty his pockets, ‘and put the drugs on the table’ he did so and admitted selling drugs. Held: The procedure should only have followed the giving of a caution. This was precisely … Continue reading Regina v Absolam: CACD 1990
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
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
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
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
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
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
Mrs Dimond had a car accident as a result of Mr Lovell’s negligence and sought to recover from him the cost of the hire of a replacement vehicle while her car was being repaired. Under clause 5 of the hire agreement the hire company had the conduct of any claim necessary to recover damages, and … Continue reading Dimond v Lovell: CA 29 Apr 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
Crossing road after breakdown for petrol within scope of arising from use of car. Citations: Times 11-Mar-1996 Statutes: Road Traffic Act 1988 145 Jurisdiction: England and Wales Negligence Updated: 19 May 2022; Ref: scu.80180
A wheel clamp affects the likelihood of driving of a person not fit to drive. Citations: Times 04-Apr-1994 Statutes: Road Traffic Act 1988 Criminal Practice Updated: 19 May 2022; Ref: scu.80129
‘Airside’ part of airport sufficient public road for road traffic purposes. Citations: Ind Summary 08-Jan-1996 Statutes: Road Traffic Act 1988 3 Road Traffic Updated: 19 May 2022; Ref: scu.80038
It was not absolutely necessary for a defendant who asserted that a Lion Intoximeter was faulty because of a disparity between the reading and what had been drunk, to bring expert evidence to rebut the statutory presumption that the Intoximeter was in working order. A court could reach such a conclusion without such evidence, but … Continue reading Director of Public Prosecutions v Spurrier: QBD 21 Jul 1999
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
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
No rule of law requiring court to take lowest blood test not average. Citations: Times 18-Nov-1996 Statutes: Road Traffic Act 1988 5(1) Road Traffic Updated: 19 May 2022; Ref: scu.80054
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
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
The defence of necessity will be available only in exceptional circumstances even for police drivers driving in pursuit of a suspect. The care due from the driver of an emergency vehicle crossing a junction against red lights is specifically provided for by that regulation, and in these circumstances the common law defence of necessity does … Continue reading Director of Public Prosecutions v Harris: QBD 16 Mar 1994
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 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
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
There is no rule of law requiring a policeman to allow a driver a full three minutes in order to give a breath specimen. Citations: Times 29-Mar-1996 Statutes: Road Traffic Act 1988 Jurisdiction: England and Wales Road Traffic Updated: 19 May 2022; Ref: scu.79520
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
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
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
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
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
Regulations properly excluded requirement for compulsory insurance for driver. Citations: Times 03-Jun-1996 Statutes: Road Traffic Act 1988 145(4A) Jurisdiction: England and Wales Road Traffic Updated: 16 May 2022; Ref: scu.87970
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
