The motorist was to be asked to take a breath test at the police station. The defendant was asked if he was on medication, and he produced a pill. The officer went ahead wit the test. At court the defendant said that he should first have sought medical advice to see whether he was fit … Continue reading Steadman v Director of Public Prosecutions: QBD 15 Apr 2002
The motorist had been stopped. He had not failed the roadside breathalyzer test, but the officer continued and arrested him. He was acquitted. The prosecutor appealed. Held: The use of the section 6 breathalyzer procedure did not exclude the officer relying on the powers contained in section 4 of the Act. Where the officer believed … Continue reading Director of Public Prosecutions v Robertson: QBD 4 Mar 2002
The defendant appealed his conviction for failing a breath test. He said that since the meter could be affected by mouth alcohol, the prosecutor had a duty to show that the reading arose from a breath taken deep from the lung by a deep breath. Held: Though the intoximeter made a distinction between deep lung … Continue reading Zafar v Director of Public Prosecutions: Admn 1 Nov 2004
The claimants sought damages for personal injuries after a crash in a Land Rover maintained by the defendants. The defendants appealed findings of negligence in failing properly to inflate the rear tyres, in continuing despite the danger, and poor overtaking. A further fault was identified in that dirt in the front wheel had led to … Continue reading Exel Logistics Ltd v Curran and others: CA 30 Sep 2004
Appeal by way of case stated from a decision convicting the appellant, of driving a motor car when he had consumed alcohol in excess of the prescribed limit, contrary to the provisions of section 5 of the Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders’ Act 1988. The issue was whether the car … Continue reading Lewis, Regina (on the Application Of) v the Director of Public Prosecutions: Admn 10 Dec 2004
A private company car park, where there was no proof of use by the public, was not a public road, and a driver could not be convicted of dangerous driving whilst in it. There must be evidence that the public actually utilised premises before a court can conclude that they are a ‘public place’. It … Continue reading Regina v Spence: CACD 24 May 1999
Defendant pleaded guity to drink driving – claim for special reasons – appeal against finding of absence of special reasons to disqualify. Judges: David J Citations: [2004] EWHC 2505 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5 Jurisdiction: England and Wales Citing: Cited – Director of Public Prosecutions v Bristow QBD 28-Oct-1996 The prosecutor … Continue reading Khan, Regina (on the Application of) v Director of Public Prosecutions: Admn 12 Oct 2004
Citations: [2004] EWHC 2416 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 13 June 2022; Ref: scu.219217
A driver had deliberately driven at a building owned by the respondent company causing substantial damage. The driver’s insurer now appealed against a decision that it was liable to the respondent despite a clause excluding liability for deliberate acts of a driver. Held: The appeal succeeded, and nor did a claim lie against the Motor … Continue reading EUI Ltd v Bristol Alliance Ltd Partnership: CA 11 Oct 2011
Citations: [2004] EWHC 1937 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 83 Jurisdiction: England and Wales Road Traffic Updated: 11 June 2022; Ref: scu.200007
The defendant appealed a conviction for driving with excess alcohol. She said she had not first been cautioned when interviewed after an accident and that her admission that she had been driving should not have been allowed in evidence. Held: That admission had properly been admitted. An expert for the defence had said that the … Continue reading Kemsley v Director of Public Prosecutions: Admn 4 Feb 2004
Judges: Forbes J Citations: [2004] EWHC 2635 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 10 June 2022; Ref: scu.219718
The defendant appealed against his conviction for having failed to identify the driver of a car caught speeding by a camera. He was the registered keeper. He completed and returned the form, but did not sign it. The statute imposed no explicit obligation to sign it. He also said that since he was already suspected … Continue reading Francis v Director of Public Prosecutions: QBD 23 Mar 2004
The defendant appealed against his conviction for driving with excess alcohol. He said that the machine used to measure the alcohol in his breath did not have type approval. The schedule to Approval 1998 for the purposes of section 7(1)(a) of the Road Traffic Act referred to ‘the device known as the Intoximeter EC/IR manufactured … Continue reading Brown v Procurator Fiscal, Falkirk: HCJ 24 Sep 2002
The defendant had been found sat in his car. He had been spinning its wheels, but not moving. The prosecutor appealed against dismissal of a charge of attempting to drive whilst under the influence of alcohol. Held: The appeal succeeded. The defendant was driving. Although the car had not moved, his behaviour required him to … Continue reading Director of Public Prosecutions v Alderton: Admn 25 Nov 2003
The two appellant drivers had been sent forms requiring them to identify the drivers of vehicles identified by speed cameras. They had replied providing the requested information, but the forms were unsigned. They resisted use of the forms as evidence against them. Held: The forms could not be used as evidence against the defendants on … Continue reading Mawdesley and Yorke v Chief Constable of Cheshire Constabulary and Another: Admn 31 Jul 2003
The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was 60% to blame. Held: Courts have consistently required drivers to recognise … Continue reading Eagle v Chambers: CA 24 Jul 2003
Citations: [2003] EWHC 63 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 07 June 2022; Ref: scu.184631
JUDGMENT SUMMARY (Not part of the judgment of the Court) The judgment which is being handed down today relates to an Attorney General’s Reference and three appeals against sentence. The cases have been listed together to enable the Court to decide whether to give sentencing guidelines for the offences of causing death by dangerous driving … Continue reading Cooksley, Stride, Cook, Crump v Regina; Attorney General’s Reference No 152 of 2002: CACD 3 Apr 2003
The claimant had claimed aganst the driver, but gave notice of the intention to make a claim on his insurance by telephone only. The insurers repudiated liability. Held: Whilst solicitors would be strongly advised to give such notice in writing, an oral notice given to a proper officer of the insurer could be sufficient. In … Continue reading Nawaz and Another v Crowe Insurance Group: CA 24 Feb 2003
The defendant challenged the application of the section, under which he was deemed to have intended to drive a vehicle whilst under the influence of alcohol, unless he could prove it was not his intent to drive, saying this infringed his right to a fair trial. Held: The section must be read down to comply … Continue reading Sheldrake v Director of Public Prosecutions: Admn 24 Feb 2003
The appellant challenged the fact that the details of his conviction for driving with excess alcohol had not been removed from his driving licence despite it being a spent conviction under the 1974 Act. The result was that he had been unable to find work as a driver. Held: The retention of the records was … Continue reading Regina (Pearson) v Driver and Vehicle Licensing Agency and Another: QBD 6 Nov 2002
Citations: [2002] EWHC 2297 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 3A 5 Jurisdiction: England and Wales Road Traffic Updated: 06 June 2022; Ref: scu.178025
Judges: Collins J Citations: [2004] EWHC 2432 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 Jurisdiction: England and Wales Citing: Cited – Regina v Ferguson CACD 1970 The defendant was accused of failing to give a sample of breath for testing for alcohol. The defence was that there had been no failure because the appellant … Continue reading Director of Public Prosecutions v Swan: Admn 21 Oct 2004
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 approved it was identical to the approved machine. He was convicted on the basis that … Continue reading Brown v Procurator Fiscal, Falkirk: HCJ 8 Mar 2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002
The appellant appealed by case stated against his conviction by the Haringey Justices or an offence of driving a motor vehicle, having consumed excess alcohol contrary to section 5(1)(a) of the 1988 Act. He said that no direct evidence had been given that he had been driving. Held: The appeal succeeded: ‘The question is, therefore, … Continue reading Huntley, Regina (on the Application of) v Director of Public Prosecutions: Admn 2 Apr 2004
The defendants, a lorry driver and his employer, appealed against convictions for causing death by dangerous driving, and procuring the same. A wheel came loose from the wagon on the motorway, and collided with another vehicle, killing the driver. It was not suggested that the driver’s actual driving fell below a proper standard. Held: Causing … Continue reading Regina v Roberts and George: CACD 31 Jul 1996
The claimant sought to recover damages following a road accident. The driver’s insurance was defective. The driver claimed under section 151, but proceedings were issued without formal notice of the issue of proceedings having been given to MIB. The claim proceeded for some time before objection was made. Held: There was a clear distinction between … Continue reading Wylie on Behalf of SMP Motor Policies at Lloyds v Wake: CA 21 Dec 2000
A was arrested. He was already on bail for possession of cannabis, and in the hope finding further evidence he was asked to empty his pockets, ‘and put the drugs on the table’ he did so and admitted selling drugs. Held: The procedure should only have followed the giving of a caution. This was precisely … Continue reading Regina v Absolam: CACD 1990
Citations: [1999] EWHC Admin 664 Links: Bailii Statutes: Road Traffic Act 1988 5 Citing: Cited – Taylor v Rajan 2-Jan-1974 The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him. … Continue reading Regina v St Albans Crown Court ex parte O’Donovan: Admn 9 Jul 1999
Citations: [1999] EWHC Admin 529 Links: Bailii Statutes: Road Traffic Act 1988 85 Citing: Cited – Taylor v Rajan 2-Jan-1974 The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him. … Continue reading Director of Public Prosecutions v Elsender: Admn 9 Jun 1999
Application for judicial review of conviction for driving with excess alcohol. Allegation of police failure to inform him of procedure. Judges: Lord Bingham LCJ, Collins J Citations: [1998] EWHC Admin 1040 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 27 May 2022; Ref: scu.139161
Prosecutor’s appeal against dismissal of charge of driving with excess alcohol – unexplained discrepancy in time recorded by meter. Citations: [1998] EWHC Admin 561 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic, Crime Updated: 27 May 2022; Ref: scu.138682
Prosecutor’s appeal against dismissal of charge of driving with excess alcohol. Citations: [1998] EWHC Admin 517 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Citing: Cited – Regina v Absolam CACD 1990 A was arrested. He was already on bail for possession of cannabis, and in the hope finding further evidence he was asked to … Continue reading Crown Prosecution Service v Paul O’Shea: Admn 11 May 1998
Where a passenger is injured during a bus ride, the accident occurs when he is injured, and driver has a duty to stop immediately in order to report the accident even if no other vehicle was involved. Citations: Times 07-May-1998, [1998] EWHC Admin 437 Links: Bailii Statutes: Road Traffic Act 1988 170 Road Traffic Updated: … Continue reading David Hallinan v Director of Public Prosecutions: Admn 24 Apr 1998
A van was stopped carrying a delivery of coal. The insurance was for social domestic and pleasure purposes only. The owner appealed a conviction for using it without insurance. Held: ‘using’ when the description of the offence in connection includes alternatives of causing and permitting is to have a restricted meaning. There was not evidence … Continue reading Jones v Director of Public Prosecutions: Admn 26 Mar 1998
Citations: [1998] EWHC Admin 321 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 27 May 2022; Ref: scu.138442
Citations: [1998] EWHC Admin 211 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 27 May 2022; Ref: scu.138332
The court was asked whether a person who has been disqualified under section 36 of the Road Traffic Offenders Act 1988 and has not passed the appropriate test, and who then obtains a provisional licence but drives a motor vehicle on a road otherwise than in accordance with the conditions of that licence is guilty … Continue reading Paterson v Guildford Justices: Admn 23 Jan 1998
The Time limit for commencing a prosecution doesn’t begin to run until a person authorised to prosecute is told of the circumstances. A traffic examiner, not authorised to take a decision to prosecute could not be the ‘prosecutor’ under section 6 of the Road Traffic Offenders Act 1988. Citations: Gazette 15-Jan-1997, Times 11-Dec-1996, [1996] EWHC … Continue reading Wayne Swan v Vehicle Inspectorate: Admn 11 Nov 1996
Citations: [1996] EWHC Admin 198 Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Citing: Cited – Taylor v Rajan 2-Jan-1974 The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him. … Continue reading Director of Public Prosecutions v Tucker: Admn 6 Nov 1996
The defendant appealed by way of case stated from a conviction for failing to identify the driver of a vehicle as required. The defendant argued that he had not been shown to be the registered keeper. Held: It was difficult to establish from the stated case just what evidence had been presented. The case was … Continue reading Horner v Director of Public Prosecutions: QBD 11 Nov 2005
Mrs Dimond had a car accident as a result of Mr Lovell’s negligence and sought to recover from him the cost of the hire of a replacement vehicle while her car was being repaired. Under clause 5 of the hire agreement the hire company had the conduct of any claim necessary to recover damages, and … Continue reading Dimond v Lovell: CA 29 Apr 1999
The defendant appealed by case stated against conviction under section 172 of failing to provide appropriate driver details. The notices had been received at his address, but he had been unaware of them. He was at the time working regularly in the far East for week at a time. Held: The reference to due diligence … Continue reading Whiteside v The Director of Public Prosecutions: Admn 21 Dec 2011
Citations: [2020] EWHC 3403 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 Jurisdiction: England and Wales Police, Road Traffic Updated: 22 May 2022; Ref: scu.656796
The prosecutor appealed a decision of the magistrates not to convict a lorry driver. He had stopped after feeling vibration. At the service station he had taken off and replaced the wheel nuts by hand, and was awaiting service. The vehicle inspector then found him and reported him. Held: The magistrates could not have decided … Continue reading Vehicle and Operator Services Agency, Regina (on the Application of) v Henderson: Admn 15 Dec 2004
The claimant film artist showed a film to an advertising agency, who did not make use of it, but later appeared to use techniques and styles displayed in the film in subsequent material sold to third parties. Held: A film was protected as a dramatic work subject to copyright law, but not the artistic techniques … Continue reading Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2): CA 11 Nov 1999
The prosecutor appealed acquittal of a police officer who had been driving at 150mph. The judge had allowed for the fact that the officer believed that this was safe because of his training. Held: The appeal succeeded. The test was objective. Judges: Hallett LJ Citations: [2006] EWHC 242 (Admin) Links: Bailii Statutes: Road Traffic ACt … Continue reading Director of Public Prosecutions v Milton: Admn 1 Feb 2006
A motorised scooter of the type known as a ‘Go-Ped’ was a motor vehicle within the Act. Accordingly a driving licence and third party insurance were both required for its use on a public highway. The scooter required the passenger to stand on a small platform, and was powered by a 22.5cc engine. The braking … Continue reading Director of Public Prosecutions v Saddington; Chief Constable of the North Yorkshire Police v Michael Saddington: Admn 1 Nov 2000
It was not absolutely necessary for a defendant who asserted that a Lion Intoximeter was faulty because of a disparity between the reading and what had been drunk, to bring expert evidence to rebut the statutory presumption that the Intoximeter was in working order. A court could reach such a conclusion without such evidence, but … Continue reading Director of Public Prosecutions v Spurrier: QBD 21 Jul 1999
The use of an admission obtained under compulsion that a driver was the driver, at the time when a car was being driven so as to commit an offence, was not an infringement of the defendant’s human rights, and there was no requirement of a notice that the admission obtained might be used in evidence. … Continue reading Director of Public Prosecutions v Wilson: QBD 21 Mar 2001
The prosecutor appealed against the decision of the magistrates, having found the defendant guilty of driving with excess alcohol, then not to disqualify him, finding special reasons for so doing. He had gone in answer to a call that a child niece was being assaulted and held against her will. Held: There may be special … Continue reading Director of Public Prosecutions v Bristow: QBD 28 Oct 1996
The defence of necessity will be available only in exceptional circumstances even for police drivers driving in pursuit of a suspect. The care due from the driver of an emergency vehicle crossing a junction against red lights is specifically provided for by that regulation, and in these circumstances the common law defence of necessity does … Continue reading Director of Public Prosecutions v Harris: QBD 16 Mar 1994
A driver required to give his name and address satisfied the address requirement by giving an address at which he could properly be contacted. The address of his solicitor was satisfactory provided reasonably swift and easy communication was possible. Citations: Gazette 17-Mar-1999, Times 08-Jan-1999, Gazette 03-Feb-1999 Statutes: Road Traffic Act 1988 170(2) Road Traffic Updated: … Continue reading Director of Public Prosecutions v McCarthy: QBD 8 Jan 1999
There is no rule of law requiring a policeman to allow a driver a full three minutes in order to give a breath specimen. Citations: Times 29-Mar-1996 Statutes: Road Traffic Act 1988 Jurisdiction: England and Wales Road Traffic Updated: 19 May 2022; Ref: scu.79520
The victim of an unlawful act of a driver off-road sought damages from another driver and his insurers. The insurers refused to pay. Held: There is a balance to be found between the statutory purpose of compulsory motor insurance and the principal that a man should not benefit from his own wrongful act. The victim … Continue reading Churchill Insurance v Charlton: CA 2 Feb 2001
The duty falling upon a driver to stop and report an accident immediately and in any event with 24 hours, was not dependent upon him actually driving at the time. A driver parked the vehicle on a hill and left it to post a letter. It rolled away and caused damage. The driver ran away, … Continue reading Cawthhorn v Director of Public Prosecutions: QBD 31 Aug 1999
The power in the Road Traffic Act to force a registered keeper to say who was driving a car denies the driver a right to a fair trial by compelling a driver to give evidence against himself. A refusal to answer is itself a crime. The restriction on such powers must apply at the stage … Continue reading Margaret Anderson Brown v Procurator Fiscal, Dunfermline: HCJ 4 Feb 2000
The choice given to a person detained on suspicion of driving with excess alcohol, of giving either a blood or a urine sample was given satisfactorily, if it was done properly and fairly. Curtis J: ‘I would observe that the words of Lord Bridge in Director of Public Prosecutions v. Warren [1993] R.T.R. 58 are … Continue reading Baldwin v West Yorkshire Police, orse Baldwin v Director of Public Prosecutions: QBD 3 Jul 1995
The defendant appealed against his conviction for driving with excess alcohol. The officer had given evidence that at the time of the test all of the readings showed that the machine was working properly. That evidence was not challenged by the defence. Held: The court rejected, submissions that the print-out had not been put in … Continue reading Greenway v Director of Public Prosecutions: 1993
Regulations properly excluded requirement for compulsory insurance for driver. Citations: Times 03-Jun-1996 Statutes: Road Traffic Act 1988 145(4A) Jurisdiction: England and Wales Road Traffic Updated: 16 May 2022; Ref: scu.87970
If a notice is in reasonable form and requires the information to be given in a particular form then that form must be used. A purpose of seeking the information in section 172 of the 1988 Act was to enable proof of certain matters, including the identity of the driver of the vehicle, to be … Continue reading Director of Public Prosecutions v Broomfield: QBD 2002
The defendant was prosecuted for having failed to provide information on a form when he had responded by telephone. Judges: Woolf LJ Citations: [1990] RTR 26 Jurisdiction: England and Wales Cited by: Cited – Director of Public Prosecutions v Broomfield QBD 2002 If a notice is in reasonable form and requires the information to be … Continue reading Boss v Measures: QBD 1990
It was proper for a court sentencing for careless driving to allow for the fatal consequences of the driving. As long as culpability remains a sentencing consideration, the court was entitled to make such an allowance. Citations: Gazette 24-Feb-1999, Gazette 17-Mar-1999 Statutes: Road Traffic Act 1988 Jurisdiction: England and Wales Road Traffic Updated: 08 May … Continue reading Regina v Simmonds: CACD 24 Feb 1999
The appellant a police officer had arrived at work having been drinking. A senior officer asked if he had driven to work. He replied yes, and on that basis had been convicted of driving with excess alcohol. He appealed saying that the question should have been put to him under caution. The magistrates said: ‘we … Continue reading Ridehalgh, Regina (on the Application of) v Director of Public Prosecutions: Admn 23 May 2005
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. Held: The requests were part of the same transaction. There was no requirement to repeat … Continue reading Edmond v Director of Public Prosecutions: Admn 23 Feb 2006
Evidence that a driver had been drinking was admissible when the driver faced a charge of dangerous driving. Citations: [1962] 2 QB 167, [1961] 3 All ER 6 Cited by: Cited – Regina v Woodward (Terence) CACD 7-Dec-1994 On a prosecution for causing death by dangerous driving, contrary to section 1 of the 1988 Act, … Continue reading Regina v McBride: 1961
(High Court of Australia) The court considered a claim for damages arising out of a motor accident in New South Wales, where the claim had been brought in the courts of Queensland. The questions arose as to whether or not a provision in the Motor Accidents Act 1988 of New South Wales which limited the … Continue reading Stevens v Head: 18 Mar 1993
The applcant challenged a provision which imposed criminal liability on a director of a body which had committed a criminal offence ‘unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence’. The Commission found the application to be manifestly ill-founded. … Continue reading Attorney General v Malta: 10 Dec 1991
Citations: [1989] RTR 54 Statutes: Road Traffic Offenders Act 1988 15 Cited by: Cited – Director 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 … Continue reading Beauchamp Thomson v Director of Public Prosecutions: 1989
The magistrates had upheld a submission of no case to answer. When the prosecutor’s appeal was allowed, the case was remitted back to the Magistrates with a direction for the hearing to continue and precisely because the conclusion was that the defence had not at that stage given any evidence during the course of the … Continue reading Patterson v Charlton: 1986
Judges: Mr Justice Burton Citations: [2009] EWHC 1861 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 172 Jurisdiction: England and Wales Road Traffic Updated: 29 April 2022; Ref: scu.440829
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 the presumption in law that the Intoximeter system in general works. The evidence in such … Continue reading Director of Public Prosecutions v Andrew Earle Anthony Brown, Jose Teixeira: QBD 16 Nov 2001
Trafalgar Square is properly a road. The question is one of fact for the justices. In this case the police officer properly stopped a vehicle with a view to carrying out a vehicle inspection. Citations: Times 03-Dec-1999 Statutes: Road Traffic Act 1988 67, 69 Jurisdiction: England and Wales Road Traffic Updated: 28 April 2022; Ref: … Continue reading Sadiku v Director of Public Prosecutions: QBD 3 Dec 1999
The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless. Held: The House understood recklessness as ‘a state of mind stopping short of deliberate intention, and going beyond mere inadvertence’ and ‘It is for the jury to decide whether the risk created by the manner in which … Continue reading Regina v Lawrence (Stephen): HL 1981
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
The defendant appealed by case stated from his conviction for using a motor vehicle fitted with a siren. When stopped various items suggesting that driver might be providing an ambulance service were found. The siren was not used. Held: The test was: ‘is the vehicle concerned used (or primarily used) for conveying the sick, the … Continue reading Lord-Castle v Director of Public Prosecutions: QBD 23 Jan 2009
Further consideration of the circumstances in which the use of a hand-held mobile telephone when driving contravened s.41D of the Road Traffic Act 1988 and Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986. The appellant appeals by way of case stated from a decision of the Bexley Magistrates’ Court on 14 June … Continue reading Bendt v Crown Prosecution Service: Admn 25 Jan 2022
Two periods of disqualification can be double DQ for purposes of the section. Citations: Times 01-Mar-1994 Statutes: Road Traffic Offenders Act 1988 34 Road Traffic Updated: 09 April 2022; Ref: scu.82975
The driver was unconscious following an accident. The police attended the accident. He was acquitted of later failing to report the accident to the police. The prosecutor appealed. The car had crashed as the police pursued it. No notice had been served on him to produce his documents, and he had argued also that he … Continue reading Director of Public Prosecutions v Hay: QBD 13 Jun 2005
Appeal by way of case stated from a convicting the Appellant of three road traffic offences, including failure to provide a specimen of breath for analysis contrary to section 7(6) of the 1988 Act. The ground of appeal is that the justices wrongly acceded to the prosecution application to allow a police officer to refresh … Continue reading Cummings v Crown Prosecution Service: Admn 15 Dec 2016
The appeal is brought by the appellant against the decision of the Justices that the respondent was not guilty of the offence of using a motor vehicle on a road without there being in force a valid policy of insurance, contrary to section 143 of the Road Traffic Act 1988. Judges: McCombe LJ, Kerr J … Continue reading Oldham Borough Council v Sajjad: Admn 19 Dec 2016
Appeal from conviction for failing to provide specimen of breath for testing at the Police station. Citations: [2006] EWHC 2634 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 6 7 Jurisdiction: England and Wales Crime Updated: 23 March 2022; Ref: scu.245971
The second defendant, a farmer, employed the first defendant, inter alia, to drive his tractor. The tractor, when fitted up was necessarily dangerous, but was licensed to be driven on the roads. There was a fatal accident on the highway. The defendants appealed from convictions for causing death by dangerous driving. Held: The Court concluded … Continue reading Regina v Marchant and Another: CACD 21 Jul 2003
The court was asked as to the liability of the Motor Insurer’s Bureau for an accident not occurring on a public road. Held: Soole J said that section 145 should not be read down, because reading down would go against the grain and thrust of the legislation, because it raised policy ramifications which were not … Continue reading Lewis v Tindale and Others: QBD 14 Sep 2018
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and unhelpful. Whether any particular area was a road is a question of fact in … Continue reading Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd: HL 25 Nov 1998
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
A police officer’s requirement for a blood specimen at hospital whilst made at the hospital, remains in force despite the defendant leaving the hospital. Ind Summary 01-Jan-1996, Times 20-Dec-1995 Road Traffic Act 1988 9(1)(a) England and Wales Road Traffic Updated: 20 January 2022; Ref: scu.90357
The defendant appealed by case stated against his conviction for driving a Segway scooter on a footpath. He denied that it was ‘a mechanically propelled vehicle intended or adapted for use on roads.’ Held: The appeal failed. The district judge had correctly read and applied the authorities. The manufacturer’s statement that the Segway was not … Continue reading Coates v Crown Prosecution Service: Admn 29 Jul 2011
Mr Justice Julian Knowles [2020] EWHC 2646 (Admin) Bailii Road Traffic Act 1988 172(3) England and Wales Road Traffic Updated: 15 January 2022; Ref: scu.654990
The driver had crashed into the insured’s building causing substantial damage. The court was asked which of the driver’s and building’s insurers should bear the costs. The driver’s insurers said that he had acted deliberately and therefore they were not liable. Though they might even so be liable through the Motor Insurers Bureau, the provisions … Continue reading Bristol Alliance Ltd v Williams and Another: QBD 1 Jul 2011
The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had inevitably carried the traffic from the bulletin boards to their own customers. Held: The claims were struck … Continue reading Bunt v Tilley and others: QBD 10 Mar 2006
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004
The appellant challenged his conviction for aiding an abetting the causing of death by dangerous driving as a passenger. The driver had been drunk. Held: The mere intoxication of the driver was not of itself and alone sufficient to establish dangerous driving. Woodward decided only that evidence of drinking was admissible, not that it was … Continue reading Webster v Regina: CACD 3 Mar 2006
[2003] EWHC 729 (Admin) Bailii Road Traffic Act 1988 5(1)(a) England and Wales Road Traffic Updated: 23 December 2021; Ref: scu.185573
J sought habeas corpus to avoid her extradition to California on a charge of manslaughter arising from a motor accident. Her counsel argued that the unlawful killing of another by the reckless driving of a motor vehicle on a road was no longer manslaughter by the law of England, since the enactment of the Road … Continue reading Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
What makes a road a Road? The Court was asked whether a Road was a ‘road’ for the purposes of the 1984 Act’ Held: It has often been said that the public access mentioned in the definition of ‘road’ must be both actual access and legal or lawful access. However, simple reference to a requirement … Continue reading Bowen and Others v Isle of Wight Council: ChD 3 Dec 2021
The defendant was charged after driving a ‘City Mantis Electric Scooter’. He was disqualified from driving. The prosecutor appealed against dismissal of the charges on the basis that the scooter was not of such a description as to require a licence or insurance. Held: If the case was remitted, and the magistrates properly directed they … Continue reading Director of Public Prosecutions v King: Admn 13 Feb 2008
