References: Gazette 16-Nov-2000, Times 24-Nov-2000
Ratio: 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 had had the advantage of observing the defendant’s demeanour, and the reasonable excuse defence had been established.
Statutes: Road Traffic Act 1988 7(6)
Last Update: 26-Aug-16
Ref: 80000
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