The motorist had been stopped. He had not failed the roadside breathalyzer test, but the officer continued and arrested him. He was acquitted. The prosecutor appealed.
Held: The use of the section 6 breathalyzer procedure did not exclude the officer relying on the powers contained in section 4 of the Act. Where the officer believed an offence had been committed, he did have power to use that section. Accordingly the arrest was lawful, and the evidence subsequently acquired should not have been excluded.
Citations:
Times 13-Mar-2002, Gazette 11-Apr-2002
Statutes:
Road Traffic Act 1988 4 6, Police and Criminal Evidence Act 1984 78(1)
Jurisdiction:
England and Wales
Criminal Practice, Road Traffic, Police
Updated: 23 June 2022; Ref: scu.170040