Gabriel Mckeon v Director of Public Prosecutions: Admn 19 Dec 2007

The defendant appealed his conviction for failing to give a specimen of breath saying that he had had no more breath to give. The machine had required the mouthpiece to be retained for inspection, but the officer had disposed of it. In formulating their case, the justices stated that the defendant had failed to prove a reasonable excuse for his failure.
Held: The magistrates could not place that burden on the defendant. The appeal was allowed.


[2007] EWHC 3216 (Admin)




Road Traffic Act 1988 7(6)


England and Wales

Road Traffic

Updated: 09 August 2022; Ref: scu.271207