The prosecution appealed by way of case stated a finding by the magistrates of special reasons for the non-disqualification of the respondent for driving with excess alcohol. The defendant had drunk acohol, but unknown to her a friend had added measures of spirits. She was twice the legal limit.
Held: The practice in O’Connor could not be turned into a rule of law. The magistrates bore the guidelines and statute in mind, and the evidence. Not every bench might have reached the same conclusion, but they were entitled to it. The appeal failed.
Judges:
Mitting J
Citations:
[2005] EWHC 879 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v David Newton 1974
The Lord Chief Justice was unable to accept that someone with 127 milligrammes of alcohol in 100 millilitres of blood, a little over half the legal limit, did not feel any effect. The process of considering whether special reasons might avoid a . .
Cited – Director of Public Prosecutions v O’Connor and Chapman and Others 1991
The court looked at the elements needed to be established to support a defence to a charge of driving with excess alcohol on the basis that the defendant’s drinks had been spiked: ‘On the authorities, it is now clearly established that the matters . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 10 June 2022; Ref: scu.225174