References: [1973] RTR 252
Coram: Lawton LJ
Ratio: The defendant faced with an allegation of failng to provide a specimen of breath, argued that the consumption of alcohol since he had been driving could amount to a reasonable excuse.
Held: The court considered what would amount to a reasonable excuse for a driver failing to provide a specimen of breath: ‘A state of affairs which does not affect ability to take a breath test or supply a specimen does not seem, on the authorities, to amount to a reasonable excuse.’ and ‘In our judgment no excuse can be adjudged a reasonable one unless the person from whom the specimen is required is physically or mentally unable to provide it or the provision of the specimen would entail a substantial risk to his health.’
Statutes: Road Safety Act 1967
This case is cited by:
- Cited – Director of Public Prosecutions v Brodzky ([1997] RTR 425)
The court was asked as to what would amount to a reasonable excuse for a driver failing to provide a specimen of breath when so requested: ‘The first point to make is that, although the first question has been put in the form of whether the justices . . - Cited – Director of Public Prosecutions v Grundy Admn (Bailii, [2006] EWHC 1157 (Admin))
The prosecution appealed by way of case stated from the acquittal of the defendant for failing to provide a specimen of breath. She had been distressed on being arrested, and the magistrates concluded that her distress had been the cause of her . .
(This list may be incomplete)
Last Update: 15 March 2019
Ref: 242533
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