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
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 applicant sought judicial review of the refusal of the magistrates to state a case for him to appeal to the High Court. He had been convicted of failing to provide a specimen of breath for analysis. The magistrates considered the request frivolous within the 1980 Act. He held, as a finding of fact, that … Continue reading Regina v Inner London Justices ex parte Cukic: Admn 1 Sep 1995
The appellant had convicted of an offence under s5 on the basis of evidence provided by a laboratory test of a blood sample provided under section 8(2). In each case it was contended that the prosecution were required to prove that the intoximeter was working properly before evidence of the test of the blood specimen … Continue reading Prince v The Director of Public Prosecutions: Admn 1996
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
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
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the prosecution, and subject to disclosure requirements accordingly. The prosecution replied that the meter manufacturer specifications were protected as confidential. … Continue reading Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy: Admn 19 Jan 2006
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
The magistrates stated a case where the police officer requiring a breath speciment, had not allowed a wait of 20 minutes where the defendant had recently eaten a ‘tic-tac’, contrary to the procedure. Judges: Kennedy LJ, Crane J Citations: [2005] EWHC 1533 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6), Road Traffic Offenders Act … Continue reading Director of Public Prosecutions v Coulter: Admn 29 Jun 2005
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
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
Judges: Rose LJ, Pitchford J Citations: [2004] EWHC 2914 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 21 June 2022; Ref: scu.220538
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: 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
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
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
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
Appeal from sentence for causing death by dangerous driving Citations: [2018] EWCA Crim 2359 Links: Bailii Statutes: Road Traffic Act 1988 1 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 June 2022; Ref: scu.628201
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
When requesting a drink driver suspect to give a specimen of blood, an officer’s failure to say that the specimen will be taken by a doctor was not fatal to the prosecution. The issue of whether the blood sample was to be taken had properly been described by the officer as a decision for the … Continue reading Director of Public Prosecutions v Jackson, Stanley v Director of Public Prosecutions: HL 29 Jul 1998
A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997
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
Where a motorist told an officer at the roadside that he suffered from bronchitis, and could not provide a specimen of breath, and he wanted to rely upon the same reason at the police station, he could not claim that the officer in the station should know of his objection, but should make it clear … Continue reading Director of Public Prosecutions v Lonsdale: QBD 16 Feb 2001
The court considered the arrangement for interim payments of damages awards where the claim was to be made through the Bureau. The agreement between the Bureau and the insurer members predated and did not allow for such payments. Held: The MIB, seeking clarification, had made no interim payment. They could have made a substantial part … Continue reading Sharp By her Next Friend Sharp v Pereira and Motor Insurers’ Bureau: CA 24 Jun 1998
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 … Continue reading Parker v Director of Public Prosecutions: Admn 7 Dec 2000
The prosecution appealed a finding of no case to answer against a defendant accused of driving with excess alcohol. On being offered a choice of blood or urine test, he had asked ‘What is the quickest way out of here’ which the officer recorded as declining to accept the offer. The magistrates had relied upon … Continue reading Director of Public Prosecutions v Orchard: Admn 17 Oct 2000
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 claimant complained that he had been obliged to provide evidence to allow his prosecution to go ahead. He had been caught by a speed camera driving over the speed limit and been required to confirm the identity of the driver or face a heavier penalty. Judges: Lech Garlicki, President Citations: 36344/05, [2008] ECHR 369 … Continue reading Murray v The United Kingdom: ECHR 27 Mar 2008
Citations: [1997] EWHC Admin 129 Links: Bailii Statutes: Road Traffic Act 1988 3 Road Traffic Updated: 25 May 2022; Ref: scu.137074
Choice between blood and urine sample did not need explanation of doctor’s role. Citations: Times 13-Mar-1997, [1997] EWHC Admin 83 Links: Bailii Statutes: Road Traffic Act 1988 5(1) 7(4) 8(2) Road Traffic Updated: 25 May 2022; Ref: scu.137028
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
The defendant was asked to give a sample of blood. He declined, saying that the sight of blood drove him into a trance in which state he was liable to be violent. The Director appealed the finding that this was a proper excuse as a health concern. Held: The district judge had failed to distinguish … Continue reading Director of Public Prosecutions v Mukandiwa: QBD 21 Oct 2005
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
Application for permission to apply for judicial review, heard as a rolled-up hearing with considerable speed in circumstances where the disqualification of the claimant from driving after a conviction in relation to a drink drive offence meant that he wanted an interim suspension of the disqualification. The defendant claimed to have a phobia of needles, … Continue reading Cuns, Regina (on The Application of) v Hammersmith Magistrates’ Court: Admn 4 Mar 2016
Appeal against conviction for failure to provide specimen of breath. Delay in providing specimen until legal advice available. Citations: [2008] EWHC 1695 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 7(6) Jurisdiction: England and Wales Road Traffic, Human Rights Updated: 22 May 2022; Ref: scu.270895
Judges: Jack J Citations: [2006] EWHC 1529 (QB) Links: Bailii Statutes: Road Traffic Act 1988 143 Jurisdiction: England and Wales Road Traffic, Insurance, Personal Injury Updated: 21 May 2022; Ref: scu.258633
The Crown Court had concluded that the intoximeter EC/IR was not a validly approved device or if it was that it was unreasonable for the Secretary of State to have approved it since it was a device which detected mouth alcohol, i.e. was liable to give a false reading by failing to distinguish mouth alcohol … Continue reading Director of Public Prosecutions v Memery: QBD 4 Jul 2002
The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not otherwise have done. The duty was a target duty, … Continue reading Larner v Solihull Metropolitan Borough Council: CA 20 Dec 2000
Citations: [2005] EWHC 2513 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 19 May 2022; Ref: scu.235183
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
Crossing road after breakdown for petrol within scope of arising from use of car. Citations: Times 11-Mar-1996 Statutes: Road Traffic Act 1988 145 Jurisdiction: England and Wales Negligence Updated: 19 May 2022; Ref: scu.80180
A wheel clamp affects the likelihood of driving of a person not fit to drive. Citations: Times 04-Apr-1994 Statutes: Road Traffic Act 1988 Criminal Practice Updated: 19 May 2022; Ref: scu.80129
‘Airside’ part of airport sufficient public road for road traffic purposes. Citations: Ind Summary 08-Jan-1996 Statutes: Road Traffic Act 1988 3 Road Traffic Updated: 19 May 2022; Ref: scu.80038
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
No right to legal advice before choice of blood/urine specimen after breath test. Citations: Times 24-Mar-1997 Statutes: Road Traffic Act 1988 8(2) Road Traffic Updated: 19 May 2022; Ref: scu.80052
It was a Police Constable’s responsibility to decide whether a blood or urine specimen was to be taken. He needn’t offer the urine option: ‘it is clear that under section 8(2) the driver, in order that he may decide whether or not to claim that the breath specimen be replaced, should be fully informed of … Continue reading Director of Public Prosecutions v Warren: HL 9 Dec 1992
No rule of law requiring court to take lowest blood test not average. Citations: Times 18-Nov-1996 Statutes: Road Traffic Act 1988 5(1) Road Traffic Updated: 19 May 2022; Ref: scu.80054
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
A constable going through the procedure of breathalysing a motorist has the right to require a urine specimen if subsequently no doctor is available, even where he has already heard from the detainee as to his wish to provide a blood sample, and has agreed to that. Citations: Ind Summary 01-Mar-1993 Statutes: Road Traffic Act … Continue reading Director of Public Prosecutions v Winstanley: QBD 1 Mar 1993
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
There was no need for a police officer to warn the defendant of the three minute cycle for the Intoximeter after a test. A failure to warn a motorist of the machine time limit was not good reason for a driver to refuse to give a specimen. Citations: Ind Summary 17-Jul-1995, Times 20-Jul-1995 Statutes: Road … Continue reading Director of Public Prosecutions v Coyle: QBD 17 Jul 1995
The defendant had failed to provide a specimen of breath at the police station. Her GP gave evidence that she suffered from panic attacks, and that such an attack would lead to a shortness of breath which would make it difficult for her to provide a specimen of breath. The prosecutor’s appeal failed. The magistrates … Continue reading Director of Public Prosecutions v Falzarano: QBD 16 Nov 2000
A motorist had deliberately failed to complete the breath test procedure twice. In later court proceedings he was able to bring medical evidence that he would have been unable to do so in any event. He was held to have been properly convicted. There could be no reasonable excuse where inability was later shown. He … Continue reading Director of Public Prosecutions v Furby: QBD 23 Mar 2000
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
Following a conviction for driving with excess alcohol, the defendant argued that the short (nil) distance driven constituted a special reason for not disqualifying him. The court said that the magistrates were entitled to take into account the defendant’s intention, over and above what had actually been achieved by him in driving away. Citations: Times … Continue reading Director of Public Prosecutions v Humphries: QBD 3 Dec 1999
The court considered a decision by Justices to exclude evidence under section 8 of the 1984 Act where a police officer had allegedly failed to follow the guidance in relation to a roadside breath test. Held: The procedure was not required by the Act and sent the case back to the Justices with a direction … Continue reading Director of Public Prosecutions v John Kay: QBD 4 Mar 1998
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
