The prosecutors appealed the finding by the magistrates that there were special reasons for not disqualifying the defendant from driving after finding him guilty of driving with excess alcohol. He had driven his sister to hospital after she fell and hit her head. The court also considered a defence of duress of circumstances.
Held: The decision was quashed and remitted. Any defence should have been raised by pleading not guilty. The correct question was whether a reasonable person faced with those facts would have treated it as a genuine medical emergency. The answer to that question will, in part, be dependent upon what in fact was discovered when she was treated in hospital. The magistrates had failed properly to consider the objective circumstances.
References: [2003] EWHC 619 (Admin)
Links: Bailii
Judges: Moses J
Statutes: Road Traffic Act 1988 5
Jurisdiction: England and Wales
This case cites:
- Cited – Taylor v Rajan ([1974] RTR 304, [1974] 1 All ER 1087, [1974] QB 424)
The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him.
Held: The court considered . . - Cited – Jacobs v Reid ([1974] RLT 71)
The test for whether magistrates may find special reasons for not disqualifying a driver is not a subjective one as to what the defendant thought. . . - Cited – Director of Public Prosecutions v Whittle QBD (Ind Summary 05-Jun-95, [1996] RTA 154)
Medical emergency to be treated as defence of duress rather than special reason. . . - Cited – Regina v Martin (Colin) CACD ([1989] 1 All ER 652, [1988] 88 Cr App Rep 343, Bailii, [1988] EWCA Crim 2)
The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he . .
(This list may be incomplete)
Last Update: 03 August 2020; Ref: scu.184970 br>
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