Parker v Director of Public Prosecutions: Admn 7 Dec 2000

The irrebuttable presumption contained in the Act that the level of alcohol contained in the accused’s blood at the time when he was stopped was no less than the level measured later that the police station, was not incompatible with the defendant’s right to a fair trial. It lay ill in the mouth of a defendant to argue innocence on the basis that he had consumed alcohol only shortly before driving, but to such a level that it did not show up when stopped, but only later when tested at the police station. Given the importance of the need to prevent drunken driving, the assumption and its irrebutable nature was reasonable, and not an infringement of the defendant’s right to a fair trial.


Lord Justice Waller, And Mr Justice Sachs


Times 26-Jan-2001, [2000] EWHC Admin 429, [2000] EWHC QB 44


Bailii, Bailii


Road Traffic Offenders Act 1988 15(2), Road Traffic Act 1988 5, Road Traffic Offenders Act 1988 15


England and Wales


CitedRegina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Human Rights

Updated: 29 May 2022; Ref: scu.140246