It was not absolutely necessary for a defendant who asserted that a Lion Intoximeter was faulty because of a disparity between the reading and what had been drunk, to bring expert evidence to rebut the statutory presumption that the Intoximeter was in working order. A court could reach such a conclusion without such evidence, but should be careful to examine all relevant aspects of the evidence.
The prosecutor appealed against dismissal of a charge under section 5. The magistrates heard that the reading was exceptionally high, but that the police had not noticed any effect on her demeanour and it had been twelve hours since she had consumed any alcohol.
Held: The case bumped up against the limits for magistrates to act without expert evidence, but the appeal failed. Their decision was not perverse. It was not absolutely necessary for a defendant who asserted that a Lion Intoximeter was faulty because of a disparity between the reading and what had been drunk, to bring expert evidence to rebut the statutory presumption that the Intoximeter was in working order. A court could reach such a conclusion without such evidence, but should be careful to examine all relevant aspects of the evidence.
Citations:
Gazette 27-Oct-1999, Times 12-Aug-1999, [1999] EWHC Admin 721
Links:
Statutes:
Citing:
Cited – Cracknell v Willis HL 1988
The evidence which is admissible on a challenge to the reliability of an intoximeter device is not limited to direct evidence of the unreliability of the breath testing device, but can be based on evidence such as the level of consumption, and the . .
Cited – Director of Public Prosecutions v Hill 1991
dpp_hill1991
The prosecutor appealed against dismissal of a summons alleging that the driver had driven with excess alcohol. The magistrates had concluded that the intoximeter must have been faulty.
Held: The conclusion that the device was unreliable was . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence, Road Traffic
Updated: 19 May 2022; Ref: scu.80049
