Smith (Nicholas) v Director of Public Prosecutions: 1989
Medical evidence is not always required for a driver to support a reasonable excuse for failing to provide a specimen of breath. Stocker LJ: ‘It would seem to me that in the vast majority of cases at...
View ArticlePower v Davidson: 1964
The appellant appealed his conviction for parking between a line of parking studs and a crossing. The studs were on a street running across the street where the crossing was set out and at right angles...
View ArticleJohn Mcnicol (Farmers) Limited Stewarts of Tayside Limited v The Scottish...
Judges: Lord Abernethy And Lord Clarke And Lord Nimmo Smith Links: ScotC Statutes: Road Traffic Regulation Act 1984 Scotland, Road Traffic Updated: 01 May 2022; Ref: scu.252609 The post John Mcnicol...
View ArticleHood v Lewis: QBD 1976
The court overturned a finding that the defendant was not guilty of the offence of speeding because he had not seen relevant signs. Citations: [1976] RTR 99 Cited by: Cited – Coombes v Director of...
View ArticleDixons (Scholar Green) Ltd v JL Cooper Ltd: CA 1970
The plaintiffs claimed damages for the loss of use of their commercial vehicle, but called no evidence to prove the loss incurred by its deprivation for 11 weeks. Held: The Court substituted for the...
View ArticleDirector of Public Prosecutions v Hawkins: 1996
That a motor vehicle was not, when stopped, carrying a patient, was not determinative of whether it was being used as an ambulance. Citations: [1996] RTR 160 Jurisdiction: England and Wales Cited by:...
View ArticleLang v Hindhaugh: QBD 1986
A public footpath four to five feet in width had been tarmaced but had deteriorated with potholes and bushes to the extent that it would not naturally be called a road. The appellant rode a motorcycle...
View ArticleChief Constable of Gwent v Dash: 1986
In the absence of malpractice, oppression, caprice or opprobrious behaviour, there is no restriction on the stopping of motorists by a police officer in the execution of his duty and subsequent...
View ArticleChief Constable of Avon and Somerset Constabulary v Fleming: QBD 1987
The defendant was stopped pushing a motor-cycle along the road. It had been adapted for scrambling, and the registration plates lights and speedometer had been removed. He argued that it was no longer...
View ArticleRandall v The Motor Insurers Bureau: QBD 1968
A school sergeant attempted to stop a vehicle which had been fly-tipping on private school land from leaving the land by standing in front of it. When the lorry moved toward him, the driver being...
View ArticleRegina v Brentwood Justices ex parte Jones: QBD 1979
Proceedings had begun by arrest without warrant. Lord Widgery CJ said: ‘that the proceedings commenced when the suspect was taken to the police station pursuant to such arrest, and when he was formally...
View ArticleRegina v Farrance: CA 1978
The driver had a medical condition requiring him to avoid strenuous exertion. Driving uphill, his clutch failed, though he did not understand the problem. He rolled back to the kerb, and revved the...
View ArticleDennis v Tame: QBD 1954
The defendant had been given a conditional discharge, which had the effect under section 12(2) of avoiding disqualification. The prosecutor appealed by case stated. Held: The conditional discharge was...
View ArticleRoney v Matthews: QBD 1975
The LCJ considered an argument that the officer had not complied with the requirement that a defendant to be requested to provide two specimens within one hour of the request. He said: ‘The reference...
View ArticleProsser v Dickeson: QBD 1982
The motorist who had been arrested and required to provide a laboratory test specimen under what was then section 9, under which it was for him to choose to provide a specimen of either blood or urine....
View ArticleNugent v Ridley: 1987
May LJ considered the need to require two samples of urine under the Road Traffic act. He said that the only construction that he could give to that subsection was to read it precisely as it reads,...
View ArticleRemet Co Ltd v Newham London Borough Council: QBD 1981
The defendants, when loading non-ferrous metal swarf on to lorries standing on the highway, from time to time miscalculated the available space in a lorry being loaded, and some of the swarf...
View ArticleDurham County Council v North Durham Justices: Admn 27 Apr 2004
Whether magistrates could adjourn cases to allow personal service of summonses. Citations: [2004] EWHC 1073 (Admin) Links: Bailii Statutes: Magistrates’ Courts Rules 1981 99 Jurisdiction: England and...
View ArticleCracknell v Willis: HL 1988
The evidence which is admissible on a challenge to the reliability of an intoximeter device is not limited to direct evidence of the unreliability of the breath testing device, but can be based on...
View ArticleDirector of Public Prosecutions v Baldwin: QBD 11 May 2000
Where a specimen of urine was provided by a driver, but outside the one hour period allowed for such purposes, the analysis of the specimen was nevertheless admissible in evidence. The purpose of the...
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