Blood sample not inadmissible because Defendant unable to comprehend choices for drink. Citations: Times 07-Nov-1995 Statutes: Road Traffic Act 1988 8 Road Traffic Updated: 19 May 2022; Ref: scu.79986
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
Citations: [2019] EWCA Crim 258 Links: Bailii Statutes: Road Traffic Act 1988 2 Jurisdiction: England and Wales Criminal Sentencing Updated: 18 May 2022; Ref: scu.634204
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
Driver refusing then agreeing in 5 seconds to breath test didn’t refuse. Citations: Times 21-Jun-1995 Statutes: Road Traffic Act 1988 7 Jurisdiction: England and Wales Road Traffic Updated: 15 May 2022; Ref: scu.89355
The defendant claimed that a breathalyser procedure mistake vitiated the subsequent prosecution. Held: It was essential that the motorist who was asked to provide a sample of breath be first warned that a failure to provide a specimen would make him liable to be prosecuted. Even though the motorist had not in this case been … Continue reading Murray v Director of Public Prosecutions: QBD 4 Feb 1993
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
Failing to give breath test charge needn’t specify which of sections 4 or 5. On a charge of failing to give a breath specimen, there was no need to specify which offence. Citations: Independent 19-Aug-1994, Times 22-Jul-1994 Statutes: Road Traffic Act 1988 7(6) Road Traffic Updated: 10 May 2022; Ref: scu.79994
The arrested driver was given a warning under section 7(7) before two specimens of breath were obtained. The officer thought the specimens unreliable being of uneven volume. The officer then gave the appellant the chance to repeat the breath analysis procedure, but stressed that the appellant was under no obligation to do so. The appellant … Continue reading Jubb v Director of Public Prosecutions: 2002
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, arguing that the prosecution had failed to provide the roadside breath test figures. Held: The appeal failed, and was indeed hopeless. Pill LJ said: ‘The specimens of breath which established whether or not a defendant has committed an offence under section 5(1) of the 1988 … Continue reading Smith v Director of Public Prosecutions: Admn 30 Jan 2007
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
Citations: [1996] EWHC Admin 39 Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 05 May 2022; Ref: scu.136587
When required to give a sample of breath, the motorist consented but made his consent conditional upon first having access to a law book. He was charged with refusing to provide a specimen of breath without a lawful excuse. A motorist is not entitled to add a condition to his consent, and he had no … Continue reading Director of Public Prosecutions v Noe: QBD 19 Apr 2000
‘obvious to a careful and competent driver’ refers to a dangerous state which would be ‘seen or realised at first glance’ Citations: [1995] Crim LR 428 Statutes: Road Traffic Act 1988 2A Jurisdiction: England and Wales Cited by: Cited – Regina v Roberts and George CACD 31-Jul-1996 The defendants, a lorry driver and his employer, … Continue reading Regina v Strong: 1995
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
Failure of police to serve a printout from the breath test device certified by a police officer. Judges: Leggatt LJ, William Davis J Citations: [2018] EWHC 2159 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 26 April 2022; Ref: scu.621155
Prosecutions brought against motorists in unconnected circumstances for driving a motor vehicle on a road or other public place after consuming so much alcohol that the proportion if it in their respective breath exceeded the prescribed limit, contrary to s. 5 of the Road Traffic Act 1988. The same defence solicitors have appeared and, in … Continue reading Director of Public Prosecutions v Manchester and Salford Magistrates’ Court: Admn 7 Jul 2017
Judges: Lord Justice Elias Mr Justice Hickinbottom Citations: [2014] EWHC 4089 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 170(4) 171 1(b)(i) Jurisdiction: England and Wales Road Traffic Updated: 23 April 2022; Ref: scu.542536
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
The defendant had given a specimen of breath over the minimum, but below 5omg, and accordingly he was to be allowed to give a specimen of blood or urine. The choice was the officers using a wide discretion. That discretion was still to be exercised reasonably. As a rastafarian, the defendant had refused to give … Continue reading Joseph v Director of Public Prosecutions: QBD 24 Nov 2003
The defendant had successfully argued no case to answer, on a charge of driving without due care. The prosecutor appealed by way of case stated. From the detailed notes available to the court, it was clear that there was evidence before them to put the defendant to an answer. Case remitted. Citations: [1997] EWHC Admin … Continue reading Director of Public Prosecutions v Spicer: Admn 13 Mar 1997
Constable to ask reason why specimen should not be taken under 7(4). Citations: Independent 02-Feb-1994 Statutes: Road Traffic Act 1988 7(4) Jurisdiction: England and Wales Road Traffic Updated: 10 April 2022; Ref: scu.90529
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
Requirement for blood test not invalidated by not asking before refusal. Citations: Times 13-Mar-1997 Statutes: Road Traffic Act 1988 7(3) Road Traffic Updated: 09 April 2022; Ref: scu.86340
An injured suspect should still be asked why a blood specimen should not to be taken. A failure to follow the statutory procedure to request a blood sample in hospital had misled the driver. Citations: Independent 27-Jan-1995, Independent 29-Dec-1994, Times 17-Nov-1994 Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 09 April 2022; Ref: scu.86259
An insurer’s failure to obtain a release certificate left him liable for damages Citations: Times 28-Sep-1995 Statutes: Road Traffic Act 1988 151 Insurance Updated: 09 April 2022; Ref: scu.83494
Defendant needn’t know right to refuse till decision made to take blood sample. Citations: Ind Summary 31-May-1993 Statutes: Road Traffic Act 1988 7 8 Road Traffic Updated: 08 April 2022; Ref: scu.81286
A mistaken belief in the mind of the Police Constable that the Intoximeter was inaccurate, does not prevent the admission of the reading. Citations: Ind Summary 11-Dec-1995, Times 14-Nov-1995 Statutes: Road Traffic Act 1988 7(3) Road Traffic Updated: 08 April 2022; Ref: scu.81135
A properly taken urine sample was admissible despite an earlier request for a blood sample. Citations: Times 03-Feb-1995 Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 08 April 2022; Ref: scu.80004
Defendant convicted for driving wth excess alcohol – Appeal against finding that no special reasons for reducing penalty – belch during breath test artificially raising reading. Citations: [2007] EWHC 36 (Admin) Links: Bailii Statutes: Road Traffic Offenders Act 34(1), Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 06 April 2022; Ref: … Continue reading Ng v Director of Public Prosecutions: Admn 26 Jan 2007
Appeal by way of case stated from a pre-trial ruling of the Black Country Magistrates’ Court in respect of an information preferred against the Appellant for failing to provide a specimen of blood in breach of section 7 of the 1988 Act, and not to exercise its discretion under section 78 of the 1984 Act … Continue reading Miller v Director of Public Prosecutions: Admn 15 Feb 2018
Police had seized the claimant’s car on the basis that it was not insured. The claimant now appealed against rejection of her claim for damages, saying that it had in fact been insured. Judges: MacFarlane, Davis LJJ Citations: [2016] EWCA Civ 1360 Links: Bailii Statutes: Road Traffic Act 1988 Jurisdiction: England and Wales Police, Road … Continue reading Gray v The Commissioner of Police of The Metropolis: CA 1 Dec 2016
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
Citations: [2018] EWHC 100 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 172 Jurisdiction: England and Wales Road Traffic Updated: 04 April 2022; Ref: scu.604741
The court was asked whether, at least in the particular circumstances of the case, self-induced intoxication could properly amount to a ‘reasonable excuse’ for failing to provide a specimen of breath for analysis, for the purposes of an alleged offence under section 7(6) of the 1988 Act. Held: In these particular xircumstances, no. Judges: Lindblom … Continue reading Director of Public Prosecutions v Camp: Admn 15 Dec 2017
Failure to name driver Judges: Sir Ross Cranston Citations: [2017] EWHC 2546 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 172 Jurisdiction: England and Wales Road Traffic Updated: 01 April 2022; Ref: scu.599394
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
Appeal by way of Case Stated against the a conviction of an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988. Judges: Thirlwall LJ, Haddon-Cave J Citations: [2017] EWHC 1162 (Admin), [2017] 4 WLR 102, [2017] WLR(D) 361 Links: Bailii, WLRD Jurisdiction: England and Wales Crime Updated: … Continue reading JS (A Child) v Director of Public Prosecutions: Admn 18 May 2017
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
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and claimed an indemnity from the driver. His motor policy covered him, as required in respect … Continue reading R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd: SC 27 Mar 2019
The question in this case is whether or not special reasons exist for not endorsing Mr Siegel’s licence with penalty points for the offence of using a motor vehicle without there being in force a valid policy of insurance to cover that use, in contravention of section 143 of the Road Traffic Act 1988. [2016] … Continue reading Siegel v The Procurator Fiscal, Lerwick: ScSf 26 Jul 2016
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
A car was seen speeding. Husband and wife each said that they did not know who was driving it in response to notices requiring that information. Mrs M now appealed against her conviction under section 172. Beatson LJ, Kenneth Parker J [2015] EWHC 2333 (Admin), (2016) 180 JP 33 Bailii Road Traffic Act 1988 172(2)(b) … Continue reading Marshall v Crown Prosecution Service: Admn 17 Jun 2015
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 court was asked: ‘i) whether it is possible to obtain a judgment in respect of a claim for damages against a defendant identified only by description (‘an unnamed defendant’), in the context of a motor claim against an unidentified hit-and-run driver, where the vehicle was identified and an insurance policy had been effected in … Continue reading Cameron v Hussain and Another: CA 23 May 2017
Prosecutor’s appeal against dismissal of charge of failing to provide specimen of breath on bais that police had failed properly to follow the procedures. [1997] EWHC Admin 1046 Road Traffic Act 1988 7(6) England and Wales Road Traffic Updated: 04 January 2022; Ref: scu.137991
[1997] EWHC Admin 1042 Road Traffic Act 1988 143(2) England and Wales Citing: Appealed to – Director of Public Prosecutions v Kavaz CACD 17-Mar-1999 The duty to demonstrate that a car is properly insured and has an MOT certificate remains the responsibility of the actual driver. . . Cited – Rex v Oliver 1944 When … Continue reading Director of Public Prosecutions v Kavaz: Admn 25 Nov 1997
[1997] EWHC Admin 937 Road Traffic Act 1988 41B, Road Vehicles (Construction and Use) Regulations 1986 80(1)(b) England and Wales Road Traffic Updated: 03 January 2022; Ref: scu.137882
[1997] EWHC Admin 980 Road Traffic Act 1988 133 England and Wales Citing: Cited – Stilk v Myrick KBD 16-Dec-1809 No Obligation Incurred without ConsiderationThe plaintiff agreed to sail with the defendant on a voyage being paid pounds 5.00 a month. Two crew deserted and the captain asked the remainder to do their work sharing … Continue reading Mahmood v Vehicle Inspectorate: Admn 5 Nov 1997
The Appellant appeals by way of Case Stated against a decision of the Faversham and Sittingbourne Justices in Kent whereby, on 13th October 1997, they convicted him of an offence of driving while unfit through drugs, contrary to section 4(1) of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act … Continue reading Leetham v Director of Public Prosecutions: Admn 13 Oct 1997
Appeal by way of case stated from a decision dismissing a summons alleging a contravention of s. 143 Road Traffic Act 1988, namely use of a motor vehicle on a road without a policy of insurance. The defendant appeared to be using a van for commercial purposes, but had only private and domestic insurance. Beatson … Continue reading The Director of Public Prosecutions v Whittaker: Admn 3 Jul 2015
[2003] EWHC 1451 (Admin) Bailii Road Traffic Act 1988 5(1)(a) England and Wales Road Traffic Updated: 28 December 2021; Ref: scu.185344
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
‘Consuming alcohol’ includes consumption by injection, inhalation, patch etc. Times 15-Mar-1994 Road Traffic Act 1988 5(1) England and Wales Road Traffic Updated: 16 December 2021; Ref: scu.80016
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
Whether the car park where the driving took place was a ‘public place’ within the meaning of section 3. Held: The appeal failed.Laws LJ set out the following propositions as accurately summarising the relevant legal principles: a. The burden of proving that a particular location is a ‘public place’ rests on the Crown to prove … Continue reading May v Director of Public Prosecutions: Admn 15 Apr 2005
The defendant was found by police sat in the driving seat of a car parked on an isthmus which would be submerged at high tide. The engine was running, and the car lights were on. He failed a breath test, but argued at trial that since the car had not been moving, he could not … Continue reading Planton v Director of Public Prosecutions: QBD 6 Jun 2001
Private Car park was not a public plae. The defendant appealed from his conviction for being drunk in charge of a vehicle in a public place. The place was marked private but allowed for paring for designated businesses. Held: The appeal succeeded. The phrase public phrase had to be read ejusdem generis with ‘road’. Whether … Continue reading Richardson v Director of Public Prosecutions: Admn 28 Feb 2019
The court considered the power of courts to allow substitution of a new party after the expiration of the limitation period. Sir Terence Etherton Ch, Hallett VP, Sharp LJJ [2013] EWCA Civ 1555 Bailii European Communities (Rights against Insurers) Regulations 2002, Road Traffic Act 1988 151 England and Wales Citing: Cited – Regina v Liverpool … Continue reading Nemeti and Others v Sabre Insurance Co Ltd: CA 3 Dec 2013
Richards, Toulson, Sullivan LJJ [2010] EWCA Civ 808, [2011] RTR 1 Bailii Transport Act 1985, Road Traffic Act 1988 123 England and Wales Road Traffic Updated: 23 November 2021; Ref: scu.420768
Appeal against conviction for failing as the owner of a car to supply information as to the identity of the driver on a particular occasion. Laws LJ, Wilkie J [2013] EWHC 2039 (Admin) Bailii Road Traffic Act 1988 172(3) England and Wales Road Traffic Updated: 25 November 2021; Ref: scu.517468
[2003] EWHC 54 (Admin) Bailii Road Traffic Act 1988 172(2) England and Wales Crime, Road Traffic, Human Rights Updated: 17 November 2021; Ref: scu.184627
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
The claimant had purchased a car, but not yet received confirmation of its registration in his name. After verifying his friend’s insurance he lent the car to him. The friend was stopped by officers, the non-registrations noted and the car was impounded and destroyed. He appealed against rejection of his claim. Held: The appeal was … Continue reading Pryor v Greater Manchester Police: CA 30 Jun 2011
The defendant, a road traffic camera campaigner appealed against his conviction for contravening a red light traffic signal, saying that the camera was not approved. Held: The appeal failed. A ‘prescribed device’ was a ‘device of a description specified in an order made by the secretary of state’. The camera had been so specified in … Continue reading Robbie the Pict v Director of Public Prosecutions: Admn 26 Apr 2009
The defendant had crashed his car after driving off with a girl, and while being chased by another car driven by her boyfriend. The police first cautioned him for false imprisonment, but then prosecuted him for careless driving. The prosecutor appealed against a successful plea of autrefois convict. The defendant said that the offence for … Continue reading Director of Public Prosecutions v Alexander: Admn 27 Jul 2010
The claimants said they had acquired a right of way by vehicle over land, a village green, having driven over it for more than forty years. It was responded that the act of driving over the land other than on a track had been an unlawful act, and as such could not be the basis … Continue reading Massey and Another v Boulden and Another: CA 14 Nov 2002
Uninsured Driver Not Guilty of Causing Death The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convicted of causing his death whilst uninsured. At trial he succeeded in arguing that he had not caused the death, but … Continue reading Hughes, Regina v: SC 31 Jul 2013
(Barnsley Magistrates Court) The defendant owned a Segway, a two wheeled vehicle. He was charged with having driven it on a public footpath despite its being a motor vehicle. He denied that it was a motor vehicle ‘adapted or intended for use on the road’. Held: ‘If I am satisfied from all the evidence presented, … Continue reading Coates, Regina v: Misc 18 Jan 2011
The court was asked whether a defendant who pleads guilty to an offence of driving with excess alcohol contrary to section 5(1)(a) of the Road Traffic Act 1988, and therefore admits that he was driving ‘over the limit’, can seek a Newton hearing to contest the amount by which the prosecution allege he was over … Continue reading Goldsmith v Director of Public Prosecutions: Admn 4 Nov 2009
The first defendant drove a car belonging to his father and insured by his father. The father consented to the driving but under a mistaken belief that his son was licensed. The claimant was injured by the defendant in a road traffic accident. Held: For insurance purposes, the father could validly permit the driving when … Continue reading Philip Owen Lloyd-Wolper v Robert Moore; National Insurance Guarantee Corporation Plc, Charles Moore: CA 22 Jun 2004
The defendant appealed by case stated against his conviction for driving with excess alcohol, saying that the collection of a sample of urine had not been in accordance with the requirements of section 7. He had had the samples taken whilst in hospital from a catheter bag. He said there had not been two samples. … Continue reading Ryder v Crown Prosecution Service: Admn 14 Apr 2011
The claimant appealed against refusal of judicial review of decisions of the parking adjudicator as to the correctness of 39 penalty charge notices. In each case, they said that the signage supporting the notice, in particular single and double yellow lines and flashes was inadequate or wrong. It was said that a failure of any … Continue reading Herron and Another, Regina (on The Application of) v The Parking Adjudicator: CA 27 Jul 2011
Highway Code applied by analogy The defendant contended that the three claimants had negligently contributed to the losses they suffered in a road traffic accident of which he admitted primary liability. There had been a spillage of oil, it was dark, the weather was poor, and the claimant passed the scene of an accident over … Continue reading Lac and others v Clayton: CA 3 Feb 2009
Magistrates to identify reasons for finding guilt The defendant appealed agains his conviction under section 172 of the 1988 Act. He had been abroad when his car attracted the speeding fine, but had been unable to identify which iof the several people who might have driven it, had done so. Held: The decision of the … Continue reading Weightman v Director of Public Prosecutions: Admn 6 Mar 2007
The driver had driven his car at a crowd of people intending to frighten them. Instead one had been killed. The insurers resisted liability saying that the use of the car for this purpose and as it was being used as a taxi, was not use for social domestic or pleasure purposes. Held: The court … Continue reading Keeley (Widow of Terence Noel James Keeley Deceased) v Pashen and Wren Motor Syndicate 1202 at Lloyd’s: CA 10 Nov 2004
The Service appealed by case stated against the dismissal of a charge of driving with excess alcohol. The arresting officer had not administered the roadside breath test not having one with him, and had not been trained to make the necessary assessment. The driver had said that the arrest without the test was unlawful. Held: … Continue reading Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009
The appellant’s motor scooter had been identified speeding. She replied to a notice to identify the driver by saying that she did not know. She now said that she had been selling it and that a potential buyer had taken it for a test drive, but that his identity was unknown. Held: The appeal by … Continue reading Atkinson v Director of Public Prosecutions: Admn 16 Dec 2011
The court was asked whether evidence of the commission of the criminal offence of causing death by careless driving contrary to section 2B of the 1988 Act is capable of justifying a verdict of ‘unlawful killing’ at an inquest. Held: The coroner had been wrong to leave the offences of causing death by dangerous driving … Continue reading Wilkinson, Regina (on The Application of) v HM Coroner for The Greater Manchester South District: Admn 11 Oct 2012
Non-communications use of phone not caught The DPP appealed from a decision overturning the conviction of the respondent for the use while driving of a mobile phone to take pictures. Held: The phrasing of the statute limited the offence to one of using the phone for communication purposes. Other uses were not caught by the … Continue reading Director of Public Prosecutions v Barreto: Admn 31 Jul 2019
The defendant appealed against his conviction for attempting to drive after consuming excess alcohol. On reporting to the police that as he opened the door of his car, he had been threatened with a knife, and his car taken, it was suspected he had consumed alcohol, and he was arrested. Held: The conviction was quashed. … Continue reading Mason v Director of Public Prosecutions: Admn 15 Jul 2009
The defendant appealed by case stated from his conviction of attempting to drive a motor vehicle on a public road, having consumed alcohol in excess of the prescribed limit on the same occasion. At the time he was said to have attempted to drive, the car was no longer on a public road. The appellant … Continue reading Director of Public Prosecutions v Moore: Admn 2 Mar 2010
The driver appealed against her conviction for driving with excess alcohol. She said that she had not been given the protection provided under section 9 against being required to provide a specimen whilst under the care of a doctor at hospital.
The claimant sought damages, alleging that an accident occurred as a result of the defendant highway authority’s negligence in failing to mark the road properly. A ‘Slow’ sign had become faded and had not been maintained.
Held: The judge had . .
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