References: Times 13-Apr-1998, [1998] EWHC Admin 258, [1999] RTR 109
Links: Bailii
Ratio: 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 to admit the constable’s evidence of that test. The failure of a constable to wait until after twenty minutes after driver’s last drink did not invalidate the request for a roadside breath test. The Act is not to be defeated by technicalities.
Statutes: Road Traffic Act 1988 3 4 5, Police and Criminal Evidence Act 1984 8
This case is cited by:
- Cited – Director of Public Prosecutions v Coulter Admn (Bailii, [2005] EWHC 1533 (Admin))
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. . .
(This list may be incomplete)
Last Update: 03 October 2018
Ref: 80022
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