The defendant provided two specimens of breath through an intoximeter 3000. Though the machine appeared to be working otherwise properly, the two readings were wider apart than usual.
Held: Each reading was still in excess of the maximum, and expert evidence was to the effect that the blood alcohol level exceeded the maximum. The prosecutor’s appeal succeeded.
Citations:
[1986] RTR 358
Statutes:
Road Traffic Act 1972 6(1) 8(1)
Jurisdiction:
England and Wales
Cited by:
Cited – Hussain v the Director of Public Prosecutions Admn 19-Mar-2008
Appeal by case stated – conviction for failing to provide specimen of breath. Machine at one station had failed on two occasions – defendant taken to second station and re-tested. Whether third test request lawful.
Held: In completing the . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 28 March 2022; Ref: scu.267733