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 had had the advantage of observing the defendant’s demeanour, and the reasonable excuse defence had been established.
Gazette 16-Nov-2000, Times 24-Nov-2000
Updated: 19 May 2022; Ref: scu.80000