The defendant appealed his conviction for driving with excess alcohol. He had driven his car within a camping site at Hayling Island. He might have been charged with driving on a road or other public place, but was charged with driving on a road. It was too late on appeal to widen the wording. The … Continue reading Dunmill, Regina (On the Application of) v Director Of Public Prosecutions: Admn 5 Jul 2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The appellant had been convicted of causing death by careless driving with excess alcohol. He said that he had taken alcohol after stopping driving but before being tested. He challenged the weight of the burden of proof ascribed by the statute. The judge had directed the jury that he faced a persuasive burden of establishing … Continue reading Drummond v Regina: CACD 7 Mar 2002
The case asked whether vehicular user of a public footpath in breach of section 34(1) of the 1988 Act could lead to the acquisition by prescription of a public right of way. Held: Hanning barred a claim to the easement under section 2 of the 1832 Act. The user relied on had been illegal since … Continue reading Hayling v Harper and Another: CA 2 Apr 2003
Judges: Lord Justice Keene Mr Justice Jack Citations: [2006] EWHC 1109 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 41B(2) Jurisdiction: England and Wales Road Traffic Updated: 14 November 2022; Ref: scu.241781
The prosecution appealed by way of case stated from the acquittal of the defendant for failing to provide a specimen of breath. She had been distressed on being arrested, and the magistrates concluded that her distress had been the cause of her failing to provide the specimen at the police station. They certified a question … Continue reading Director of Public Prosecutions v Grundy: Admn 3 May 2006
Judges: Lord Justice Warby Mrs Justice O’Farrell DBE Mrs Justice Cutts DBE Citations: [2022] EWCA Crim 1295 Links: Bailii Statutes: Road Traffic Act 1988 2 Jurisdiction: England and Wales Criminal Sentencing Updated: 13 November 2022; Ref: scu.682441
Medical reasons for failure to provide specimen of blood for examination. Judges: Maurice Kay LJ, Mitting J Citations: [2006] EWHC 2007 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 12 November 2022; Ref: scu.244237
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 … Continue reading Oladimeji v Director of Public Prosecutions: Admn 11 May 2006
Citations: [2002] EWHC 1523 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a), Magistrates Courts (Advance Notice of Expert Evidence) Rules 1997 3 Jurisdiction: England and Wales Crime, Magistrates Updated: 12 November 2022; Ref: scu.175121
Citations: [2006] EWHC 1860 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 12 November 2022; Ref: scu.244116
The court was asked whether, if the insured owner of a vehicle permits another, uninsured, to drive the car, carrying the owner, and through his negligence causes and accident in which the owner is injured, the insurer is bound to meet the owner’s claim by virtue of the 1988 Act. Judges: Maurice Kay VP, Etherton, … Continue reading Churchill Insurance Company Ltd v Fitzgerald and Wilkinson and Others: CA 24 Aug 2012
The defendant gave two specimens of breath, but they differed so markedly that the officer considered them unreliable. He offered the defendant the choice of a further two attempts or to give a specimen of blood or urine. He was convicted on the second set of breath tests. He appealed, saying he should not have … Continue reading John Kimball Stewart v Director of Public Prosecutions: Admn 2 Jun 2003
Judges: Mr Justice Chamberlain Citations: [2022] EWHC 2780 (Admin) Links: Bailii Statutes: Road Vehicles (Construction and Use) Regulations 1986 7(3A), Road Traffic Act 1988 42 Jurisdiction: England and Wales Road Traffic Updated: 04 November 2022; Ref: scu.682330
Citations: [2018] EWCA Crim 2665 Links: Bailii Statutes: Road Traffic Offenders Act 1988 30(1) Jurisdiction: England and Wales Crime Updated: 03 November 2022; Ref: scu.631188
The Secretary of State appealed a finding that the applicant was a fit and proper person to hold a licence to drive a passenger carrying vehicle, despite his conviction for two offences of indecent assault on a girl under 15, and his name being entered on the sex offenders’ register. Held: There was no provision … Continue reading Secretary of State for Transport, Local Government and the Regions v Snowdon: Admn 4 Nov 2002
Appeal from term of imprisonment of 7 years and 6 months for the offence of causing death by dangerous driving, contrary to section 1 of the Road Traffic Act 1988. The appellant was also disqualified from driving for a total period of 8 years and 9 months, comprising an extension period to reflect the time … Continue reading Vowles, Rex v: CACD 16 Sep 2022
After routine procedures were followed at the police station, the police took a specimen of breath over two hours after those used for analysis to see if the defendant was then fit to leave. It showed a reading consistent with the analysis of the earlier sample. Several weeks after the arrest the machine had been … Continue reading O’Sullivan v Director of Public Prosecutions: Admn 25 Feb 2005
Appeal against conviction for driving with excess alcohol – officer reading out contents of the print-out when it had not been served on the defendant. Judges: Silber J Citations: [2006] EWHC 1575 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 27 October 2022; Ref: scu.242954
Judges: Lord Justice Keene And Mr Justice Ouseley Citations: [2001] EWHC 1114 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 172(3) Jurisdiction: England and Wales Road Traffic Updated: 23 October 2022; Ref: scu.432772
Citations: [2003] EWHC 1080 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 143(2) Jurisdiction: England and Wales Road Traffic, Crime Updated: 20 October 2022; Ref: scu.185356
Citations: [2005] EWHC 1077 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 4(1) 3 Jurisdiction: England and Wales Cited by: Cited – Stavrinou, Regina (on the Application Of) v Horseferry Road Justices Admn 22-Feb-2006 The claimant asked for judicial review of a decision to adjourn the case against him on a charge of driving with … Continue reading Essen v Director of Public Prosecutions: Admn 12 May 2005
The defendant appealed his conviction for driving with excess alcohol. He said that the machine used to measure his breath alcohol was not of the type approved by the Secretary of State. Held: There was a presumption that the Intoximeter used was type approved. The defendant had brought no evidence to suggest otherwise. The magistrates … Continue reading Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005
Citations: [2004] EWHC 3165 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 11 October 2022; Ref: scu.226906
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The DPP appealed a finding of special reasons for not disqualifying the defendant after finding him guilty of driving with excess alcohol. He had been stopped driving at excess speed, he had driven over a mile and had a further two hundred yards to drive, and had driven through the centre of Congleton. He pointed … Continue reading Director of Public Prosecutions v Conroy: Admn 23 Jun 2003
The defendant, having succeeded at the crown court in reducing his ban for driving offences, now appealed a small order for costs in his favour. Held: He was entitled to the just and reasonable costs of making the appeal. The award of andpound;150 instead of andpound;650 without giving reasons was wrong. No solicitor whether in … Continue reading Galandauer v Snaresbrook Crown Court: Admn 27 Jun 2006
Appeal against conviction for driving with excess alcohol – officer having mobile phone with him and turned on contrary to manufacturer’s instructions. Held: The appeal failed. ‘This appeal should, in my view, mark the end of arguments before Magistrates’ Courts and Crown Courts that, merely because a mobile telephone or police radio was — still … Continue reading Scheiner v Director of Public Prosecutions: Admn 13 Jun 2006
The claimant applied for an order quashing his convictions at the West London Magistrates’ Court for two offences: plying for hire without a licence contrary to section 7 of the Metropolitan Public Carriage Act 1869; and using a motor vehicle without third party insurance contrary to section 143 of the Road Traffic Act 1988 and … Continue reading Killick v West London Magistrates’ Court: Admn 6 Dec 2012
Citations: [2004] EWHC 594 (Admin), [2005] RTR 1, [2004] 2 All ER 902 Links: Bailii Statutes: Road Traffic Act 1988 6(4) Jurisdiction: England and Wales Road Traffic Updated: 10 September 2022; Ref: scu.195558
The claimant sought judicial review of a dismissal of his appeal against conviction for failing to provide information as to the identity of a driver. The appeal court had found that he had not received the notices requiring him to provide the information, and he said that the court had refused to listen to evidence … Continue reading Purnell, Regina (on The Application of) v Snaresbrook Crown Court: Admn 30 Mar 2011
Appeal by way of case stated from conviction for an offence of failing to provide a specimen of breath without reasonable excuse, contrary to section 7(6) of the Road Traffic Act 1988. Judges: Collins J Citations: [2011] EWHC 706 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: … Continue reading Atkinson v The Director of Public Prosecutions: Admn 10 Mar 2011
The defendant appealed by case stated against a conviction for driving a lorry without due care and attention, leading to the death of another road user. There had been an unexplained swing of the rear of his trailer out into the path of the other vehicle. Held: It was plainly open to the magistrates to … Continue reading Bingham, Regina (on the Application of) v Director of Public Prosecutions: Admn 7 Feb 2003
The offence of causing death by driving while unlicensed, disqualified or uninsured, is committed if the driver is unlicensed, disqualified or uninsured and if the driving is a cause of death in the sense that it was ‘more than negligible or de minimis’. It was not an element of the offence that the defendant’s driving … Continue reading Williams, Regina v: CACD 2 Nov 2010
The applicant had unsuccessfully appealed against his conviction for driving with excess alcohol. He had been stopped randomly to check his documents and the road worthiness of the older car. Held: The appeal failed. May LJ said: ‘Whether it be under section 163 of the Road Traffic Act 1988, or under a duty at common … Continue reading Beckett, Regina (on The Application of) v Aylesbury Crown Court: Admn 22 Jan 2004
Judges: Sir Anthony May P, Langstaff J Citations: [2010] EWHC 883 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 Jurisdiction: England and Wales Road Traffic Updated: 17 August 2022; Ref: scu.408623
Citations: [2018] EWCA Crim 2611 Links: Bailii Statutes: Road Traffic Offenders Act 1988 35A 35B Jurisdiction: England and Wales Criminal Sentencing Updated: 16 August 2022; Ref: scu.631190
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
Appeal against dismissal of charge of driving with excess alcohol. Judges: Dyson LJ, Jack J Citations: [2007] EWHC 3274 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 09 August 2022; Ref: scu.271190
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Judges: Toulson LJ, Forbes J Citations: [2008] EWHC 3006 (Admin), (2009) 172 JP 17 Links: Bailii Statutes: Road Traffic Act 1988 172 Jurisdiction: England and Wales Road Traffic Updated: 26 July 2022; Ref: scu.343956
Failure to provide specimen of blood. Citations: [2004] EWHC 1156 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 26 July 2022; Ref: scu.197830
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
driving while disqualified Citations: [2003] EWHC 768 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 3(1)(b) Jurisdiction: England and Wales Road Traffic Updated: 21 July 2022; Ref: scu.185586
Appeal from conviction for driving with excess alcohol. The driver complained that the police had destroyed CCTV evidence of the administration of the statutory warning on his being tested. The appeal failed. The defendant had given no indication that he might wish to challenge the warning. Citations: [2008] EWHC 2788 (Admin), (2009) 173 JP 41 … Continue reading Morris v Director of Public Prosecutions: Admn 14 Nov 2008
The appellant challenged sentences for driving whilst disqualified. The defendant questioned the extent of the legislative competence of the Scottish Parliament under judicial scrutiny on grounds other than compliance with Convention rights. Judges: Lord Nimmo Smith Citations: [2008] ScotHC HCJAC – 61, 2009 SCL 83, 2008 SCCR 815, 2008 GWD 35-535, [2008] HCJAC 61, 2008 … Continue reading Logan and Another v Procurator Fiscal: HCJ 2 Jul 2008
Prosecutor’s appeal against dismissal of charge of driving without insurance. Citations: [2008] EWHC 1814 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 143 Jurisdiction: England and Wales Road Traffic Updated: 18 July 2022; Ref: scu.271233
Citations: [2008] EWHC 1335 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Road Traffic Updated: 17 July 2022; Ref: scu.270062
Citations: [2008] EWHC 1254 (Admin) Links: Bailii Statutes: Road Traffic Offenders Act 1988, Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 17 July 2022; Ref: scu.270044
Citations: [2008] EWHC 303 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 13 July 2022; Ref: scu.266023
Appeal by way of case stated from a decision convicting the Appellant of the offence of driving a motor vehicle on a road when the proportion of alcohol in her breath exceeded the prescribed limit, contrary to section 5(1)(a) of the Road Traffic Act 1988 – whether the magistrates, who had retired to consider their … Continue reading Malcolm v Director of Public Prosecutions: QBD 27 Feb 2007
The defendant appealed against his conviction for driving with excess alcohol. Held: There was no requirement that the prosecutor should produce the results of the roadside breath test in evidence, and the breathalyser was of the approved type. The appeal failed. Reliance had been placed on the fact that the guide to type approval relating … Continue reading Breckon v Director of Public Prosecutions: Admn 22 Aug 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The defendant appealed his conviction for dangerous driving. The failure of the police to serve him with a notice of intended prosecution invalidated the conviction. The police replied that there was no need for such a notice because there had been an accident. The driver had been stopped but had then driven off. A police … Continue reading Currie, Regina v: CACD 26 Apr 2007
Judges: Collins J Citations: [2007] EWHC 552 (Admin) Links: Bailii Statutes: Town Police Clauses Act 1847& 45, Road Traffic Act 1988 143 Jurisdiction: England and Wales Road Traffic Updated: 10 July 2022; Ref: scu.251148
The applicants sought judicial review of preliminary directions given for the intended inquest on the deaths of Diana Princess of Wales and of Dodi Al Fayed. It was submitted that the jurisdiction had been wrongly transferred to the Queen’s Coroner under section 14. Held: under the 1988 Act, the Coroner for the Queen’s household was … Continue reading Paul and others v Deputy Coroner of the Queen’s Household and Another: Admn 2 Mar 2007
Challenge to accuracy of speed gun. Judges: Waller LJ, Treacy J Citations: [2006] EWHC 3137 (Admin) Links: Bailii Statutes: Road Traffic Regulation Act 1984 89, Road Traffic Offenders Act 1988 20 Jurisdiction: England and Wales Road Traffic Updated: 08 July 2022; Ref: scu.247335
Procedures for testing driver for alcohol Judges: The Lord Woolf of Barnes LCJ Citations: [2003] EWHC 3078 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7 Jurisdiction: England and Wales Road Traffic Updated: 07 July 2022; Ref: scu.191213
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006
The court rejected the defendant’s argument that the prosecutor should have put in evidence the results of the roadside breath test. Mitting J referred to the case of Badkin: ‘But nothing in the judgment of Glidewell LJ leads to the conclusion that in every case the prosecution must obtain from the manufacturers an analysis of … Continue reading Murphy v Director of Public Prosecutions: Admn 20 Jun 2006
The defendant pleaded guilty to the rape of a twelve year old girl on the agreed basis that he had believed her to be 15, but had been advised that given her age, his belief was immaterial. He now appealed saying that the presumption infringed his human rights. Held: The question was whether the section … Continue reading Regina v G: CACD 12 Apr 2006
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
Appeal against stay of prosecution as abuse of process. Held: The appeal failed. Openshaw J said: ‘The concept of a fair trial involves fairness to the prosecution and to the public as well as to the defendant.’ Judges: Scott Baker LJ, Openshaw J Citations: [2006] EWHC 1067 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 … Continue reading Director of Public Prosecutions v Meakin: Admn 4 May 2006
The claimant had been severely injured in a car crash when his younger brother was driving. The driver did not have the owner’s permission to drive, and the insurer sought to avoid laibility. Held: ‘insurers do not have to prove that the injured passenger actually believed that the vehicle had been stolen or unlawfully taken. … Continue reading McMminn v McMinn and Another: QBD 11 Apr 2006
The defendant appealed against his conviction for driving with excess alcohol. He complained that though the officers suspected him of having consumed alcohol, they asked him whether he had been drinking without cautioning him, and that no print out from the Intoximeter having been produced, there was no evidence on which he could be convicted. … Continue reading Sneyd v Director of Public Prosecutions: Admn 24 Feb 2006
Citations: [2005] EWHC 3234 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 05 July 2022; Ref: scu.239264
The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two riders might have been using it. Held: Having failed … Continue reading Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst: Admn 21 Feb 2006
Citations: [2006] EWHC 314 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 22A(1) Jurisdiction: England and Wales Road Traffic Updated: 05 July 2022; Ref: scu.239150
The claimant had been severely injured in a road traffic accident. His claim was compromised and embodied in a court order, but later a question was raised as to whether he had had mental capacity at the time to make the compromise he had. Held: The term ‘patient’ in this context had a meaning specific … Continue reading Bailey v Warre: CA 7 Feb 2006
Once a court imposes a disqualification on a driver, it cannot at the same time endorse the licence with additional points. Judges: Jackson LJ, Mitting, Jay JJ Citations: [2015] EWCA Crim 166, [2015] WLR(D) 58, [2016] 4 WLR 66, [2016] 1 All ER 741, [2015] Crim LR 548, [2015] 2 Cr App R (S) 7, … Continue reading Usaceva, Regina v: CACD 6 Feb 2015
The defendant appealed conviction involving allegations that he was driving. He was sat at the wheel of a vehicle being towed by means of a rigid steel bar. He denied that he was driving, but had both steered and braked. Held: The magistrates had been entitled to find that he had been driving, having had … Continue reading Traves, Regina (on the Application Of) v Director of Public Prosecutions: Admn 30 Jun 2005
Citations: [2005] EWHC 1395 (Admin) Links: Bailii Statutes: Road Traffic Offenders Act 1988 Jurisdiction: England and Wales Road Traffic Updated: 01 July 2022; Ref: scu.228891
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 support such an assertion. Held: The magistrates had found that the appellant had been lawfully … Continue reading Wright v Director of Public Prosecutions: Admn 25 May 2005
The defendant was the registered keeper of a vehicle recorded as having exceeded the speed limit. He was required to identify the driver. He responded saying that it was one of six fleet vehicles and could not say who was driving it at the time. He appealed his conviction. Held: The defendant’s appeal succeeded. The … Continue reading Jones v Director of Public Prosecutions: Admn 30 Jan 2004
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
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 claimant was a cyclist. He passed along inside a line of traffic, and collided with a lorry turning left into a petrol station ahead of him, suffering serious injuries. He appealed against a finding that the lorry driver had signalled and that he had not been watching where he was going. Held: The claimant … Continue reading Clenshaw v Tanner and others: CA 27 Nov 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
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: Davis J Citations: [2004] EWHC 2484 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 10 June 2022; Ref: scu.219268
Prosecutor’s appeal by way of case stated from a decision of the Birmingham Justices when they dismissed an information laid against the respondent under section 5(1)(b) Road Traffic Act 1988. Citations: [2004] EWHC 2811 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(b) Jurisdiction: England and Wales Road Traffic Updated: 10 June 2022; Ref: scu.220281
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 Director appealed dismissal of a charge. The defendant had accompanied a learner driver. He had too much alcohol in his blood. He denied that he was driving. Held: There was no need to prove that the defendant was statutorily supervising. The precise skills of the learner driver were not relevant. The supervisor was clearly … Continue reading Director of Public Prosecutions v Janman: Admn 22 Jan 2004
Judges: May LJ, Nelson J Citations: [2004] EWHC 83 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Citing: Cited – Paterson v Director of Public Prosecutions 1990 . . Cited – Regina v Jackson CACD 21-May-1996 Time should be saved by explicit admissions of all elements of expert case. . … Continue reading Khatibi v Director of Public Prosecutions: Admn 28 Jan 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
Citations: [2003] EWHC 2354 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7 Jurisdiction: England and Wales Road Traffic, Crime Updated: 08 June 2022; Ref: scu.187319
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