The defendant appealed his conviction for failing to provide a specimen of breath without reasonable excuse. The magistrates rejected the defendant’s statement that he had had difficulty providing the breath specimen at the roadside, that he faced similar difficulty in the station, and that he had asthma and was under treatment with anti-biotics.
Held: The court criticised the case as stated in failing to separate the evidence from the findings. However the magistrates had evidence on which to base their conclusions as to the defendant’s condition. The appeal failed.
Keene LJ, Jack J
 EWHC 1199 (Admin)
Road Traffic Act 1988 7(6), Criminal Procedure Rules 2005 64.6
England and Wales
Updated: 28 April 2021; Ref: scu.242209