Director of Public Prosecutions v Falzarano: QBD 16 Nov 2000

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.

Citations:

Gazette 16-Nov-2000, Times 24-Nov-2000

Statutes:

Road Traffic Act 1988 7(6)

Road Traffic

Updated: 19 May 2022; Ref: scu.80000