The defendant appealed his sentence for driving with excess alcohol. He said that immediately before the breath test, he had belched, and that this would result in an increase in a higher reading.
Held: Such a circumstance might well amount to a special reason for not disqualifying the defendant. The evidence he wanted to bring would go directly to the commission of the offence. The disqualification was set aside, and the case remitted for reconsideration.
Judges:
Justice Owen
Citations:
Times 07-Feb-2007
Statutes:
Road Traffic Offenders Act 198 34(1)
Jurisdiction:
England and Wales
Road Traffic
Updated: 30 May 2022; Ref: scu.248916
