The appellant had been convicted of failing to give a breath test, and of driving with excess alcohol. He had falsely claimed that he had had a drink in the five minutes before being asked to take the test, and said the officer should not have requested the breath test.
Held: The conviction was upheld. The expert’s evidence was largely based upon speculation, and the court had been able properly to reject it, and the device was properly accepted.
Clarke LJ, Jack J
[2003] EWHC 130 (Admin)
Bailii
Road Traffic Act 1988 5(1)(a) 6(4), Breath Analysis Devices (No 2) Approval Regulations 1998
England and Wales
Citing:
Cited – Director of Public Prosecutions v Carey HL 1970
If a police officer has reason to believe that a driver suspected of driving with excess alcohol has consumed alcohol within the previous 20 minutes, he must wait until 20 minutes has elapsed after the last drink before administering the breath . .
Cited – Director of Public Prosecutions v Andrew Earle Anthony Brown, Jose Teixeira QBD 16-Nov-2001
Where a defendant to a charge of driving with excess alcohol, sought to test the accuracy of the Intoximeter, the Magistrates should consider whether the evidence was as to the particular Intoximeter used, and was of sufficient quality to displace . .
Cited – Regina v Skegness Magistrates’ Court ex parte Cardy 1985
Representations that the Intoximeter or other device used for measuring breath alcohol, should not have been approved or that the Secretary of State should have withdrawn approval in respect of the device should be addressed to the Secretary of . .
Cited – Grant v Director of Public Prosecutions Admn 22-Jan-2003
The appellant had been convicted of failing to give a breath test, and of driving with excess alcohol. He had falsely claimed that he had had a drink in the five minutes before being asked to take the test, and said the officer should not have . .
Cited – Brown v Procurator Fiscal, Falkirk HCJ 8-Mar-2002
The defendant appealed against his conviction for driving with excess alcohol. He complained that the machine used to take his sample of breath did not conform to the necessary type. It had been manufactured by an independent company. Though not . .
Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935
Golden Thread of British Justice – Proof of Intent
The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired a shotgun to . .
Cited – Young v Flint 1987
Alterations to an intoximeter can be so fundamental that they can cause an approved device to lose its approval or at least to lead to the conclusion that the device is no longer an example of the device as approved. . .
Cited – Regina v Harrow Crown Court Ex Parte Dave QBD 20-Oct-1993
A Crown Court when sitting as an appellate court must give reasons for its decision. The court reviewed earlier decisions, and concluded that where a court is going to reject expert evidence it must give proper reasons: ‘The appellant was entitled . .
Cited – O’Sullivan v Director of Public Prosecutions 27-Mar-2000
Where a motorist challenges the accuracy of the intoximeter, there is only an evidential burden on him. . .
Cited – Regina v Somers 1963
An expert is permitted to give second hand information. . .
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited by:
Cited – Grant v Director of Public Prosecutions Admn 22-Jan-2003
The appellant had been convicted of failing to give a breath test, and of driving with excess alcohol. He had falsely claimed that he had had a drink in the five minutes before being asked to take the test, and said the officer should not have . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.184940 br>