Murray v Director of Public Prosecutions: QBD 4 Feb 1993

The defendant claimed that a breathalyser procedure mistake vitiated the subsequent prosecution.
Held: It was essential that the motorist who was asked to provide a sample of breath be first warned that a failure to provide a specimen would make him liable to be prosecuted. Even though the motorist had not in this case been prejudiced by the omission, the evidence produced by the test was not admissible: ‘It is, therefore, in our judgment, not surprising that a strict and compulsory code is laid down as a set of pre-conditions which must be fulfilled before any specimen produced by the defendant, which may condemn him at the hearing of the charge against him, can be adduced in evidence: no matter that there may be some instances where breach of the code occasions no discernible prejudice.’


Watkins LJ


Times 09-Feb-1993, [1993] RTR 209, [1993] Crim LR 968


Road Traffic Act 1988 7 15


England and Wales

Cited by:

CitedRussell v Devine (On Appeal from the Court of Appeal Northern Ireland) HL 8-May-2003
The House was asked whether a specimen of blood required under the regulations, having been requested at a hospital or health centre had to be taken there.
Held: The health centre was not a hospital within the regulations. However the request . .
CitedWright v Director of Public Prosecutions Admn 25-May-2005
The defendant appealed his conviction for driving with excess alcohol. He complained that the device used to measure his breath at the police station, the EC/IR intoximeter, was not an approved device. The court had refused to accept evidence to . .
CitedEdmond v Director of Public Prosecutions Admn 23-Feb-2006
The defendant appealed his conviction for driving with excess alcohol. The readings on the Intoximeter were too wide apart and the officer requested a blood specimen. He complained that he had not been given a fresh warning before this request.
Lists of cited by and citing cases may be incomplete.

Road Traffic, Crime

Updated: 15 May 2022; Ref: scu.84132