References: [2008] EWHC 305 (Admin), Times 10-Mar-2008
Links: Bailii
Coram: Moses LJ, Sullivan J
Ratio: The defendant driver had been stopped and required to provide a specimen of breath. She failed to do so, and gave no reason. At trial she produced nedical evidence, accepted by the magistrates, that she suffered asthma and a hyperventilation syndrome, but she was convicted after the magistrates concluded that she should have told the police of the reason.
Held: It would be wrong to import a requirement that was not set out in the statute. The appeal succeeded.
Statutes: Road Traffic Act 1968 7(1)
This case cites:
- Not to be followed – Teape v Godfrey ([1986] RTR 213)
. .
(This list may be incomplete)
Last Update: 28 July 2019
Ref: 266039
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