The defendant motorist was accused of driving with excess alcohol. There had been a difference in readings between two samples taken within a short time of each other.
Held: He should have been allowed an adjournment to bring his own expert witness to explain the discrepancy. A breath test taken only a short time after the one relied upon had produced a result which was lawful. The cases did not mean that it was not possible to contradict the findings of a blood test.
Judges:
Tuckey LJ, Moses J
Citations:
Times 02-Mar-2000, [2000] RTR 143
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Nelson v Thompson 1985
. .
Cited by:
Cited – Breckon v Director of Public Prosecutions Admn 22-Aug-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 . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Road Traffic
Updated: 03 November 2022; Ref: scu.84574
