The motorist was to be asked to take a breath test at the police station. The defendant was asked if he was on medication, and he produced a pill. The officer went ahead wit the test. At court the defendant said that he should first have sought medical advice to see whether he was fit to be tested.
Held: The breath test was not as invasive as the blood test, and therefore less rigorous care was needed. There was no need for the officer to call a doctor in these circumstances. The Wade requirements applied only when the officer was requiring a blood sample.
Lord Justice Kennedy and Mr Justice Keith
Times 03-May-2002, Gazette 23-May-2002
Road Traffic Act 1988& 5(1)(a) 7(1) 7(3)(a) 7(4)
England and Wales
Citing:
Cited – Wade v Director of Public Prosecutions QBD 14-Feb-1995
The Police Constable had failed to enquire further on the issue of ‘taking tablets’ as a medical reason for refusing to give a breath test. The prosecution failed. . .
These lists may be incomplete.
Updated: 21 January 2021; Ref: scu.170224 br>
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