Where a motorist told an officer at the roadside that he suffered from bronchitis, and could not provide a specimen of breath, and he wanted to rely upon the same reason at the police station, he could not claim that the officer in the station should know of his objection, but should make it clear again. It was not open to him to say nothing at all, to make no attempt to provide a specimen, and then later to seek to assert a reasonable excuse for not providing a specimen of breath. There was no need to look at the two sections concurrently. The later subsection had been irrelevant in this matter.
Citations:
Gazette 08-Mar-2001, Times 16-Feb-2001
Statutes:
Road Traffic Act 1988 7(1)(a), 7(3)(a), 7(6)
Jurisdiction:
England and Wales
Road Traffic, Criminal Practice
Updated: 30 May 2022; Ref: scu.80029
