References: [2002] ScotHC 25
Links: Bailii
Coram: Lord Cameron of Lochbroom and Lord Hamilton and Lord Morison
Ratio: 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 approval was of a type of a machine, not of a machine.
Statutes: Road Traffic Act 1988 5(1)(a)
Jurisdiction: Scotland
This case cites:
- Cited – Chief Constable of Northumbria v Brown ([1986] RTR 113)
The defendant had been convicted of driving with excess alcohol. He challenged the use of a machine for the breath test which was not an Intoximeter.
Held: The charge was valid. . .
(This list may be incomplete)
This case is cited by:
- Cited – Grant v Director of Public Prosecutions Admn (Bailii, [2003] EWHC 130 (Admin))
The appellant had been convicted of failing to give a breath test, and of driving with excess alcohol. He had falsely claimed that he had had a drink in the five minutes before being asked to take the test, and said the officer should not have . .
(This list may be incomplete)
Last Update: 13 November 2018
Ref: 170500
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