| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 225 (Mar) |
| Court: | Administrative Court |
| Judge: | Moses J |
| Representation | Alaric Bassano (instructed by the Crown Prosecution Service, Manchester) for the prosecution. |
| The defendant did not appear and was not represented. | |
| Judgment Dates: | 15 March 2002 |
Catchwords
Road traffic - Breath test - Requirement to take test - Prerequisite of test - 'Reasonable cause to suspect' driver has consumed alcohol above prescribed limit - Police forming suspicion after stopping vehicle in course of routine check - Justices excluding evidence of blood-alcohol proportion on that basis - Whether justices in error - , s 6(1).
The Case
Justices had erred in excluding evidence of a motorist's excess alcohol level on the basis that the police officer had no reasonable cause to suspect that a motorist had consumed excess alcohol for the purposes of s6(1) of the to authorise the taking of a roadside breath specimen before the motorist's car was stopped.
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