Gumbley v Cunningham: 1987

Justices had to be careful not to convict of driving with excess alcohol unless they were sure on the basis of scientific and other evidence that the defendant had been over the limit at the time of the alleged offence.


[1987] 3 All ER 733, [1988] QB 170, [1987] Crim LR 776, (1987) 86 Cr App R 282, [1987] 3 WLR 1072


Road Traffic Offenders Act 1988 15

Cited by:

CitedDirector of Public Prosecutions, Regina (on the Application Of) v Chambers Admn 25-Jul-2003
The prosecutor appealed dismissal of charges of driving with excess alcohol. The defendant had admited driving, but said she had consumed alcohol in the twenty minutes between driving and the police coming to her home. Expert evidence had been . .
Appeal fromGumbley v Cunningham HL 1989
The prosecution should not seek to rely on evidence of back-calculation unless it is both easily understood and clearly establishes the presence of excess alcohol at the time when the defendant was driving. . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 12 May 2022; Ref: scu.187465