Source: All England Reporter
Publisher Citation: [2005] All ER (D) 382 (May)
Court: Queen's Bench Division (Divisional Court)
Judge:

Brooke LJ and Mitting J

Representation Nigel Ley (instructed by Byrne Frodshaw & Co) for the defendant.
  Alan Blake (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 25 May 2005

Catchwords

Road traffic - Drink-driving - Breath test - Testing equipment - Approval of equipment - Subsequent blood test - , ss 7, 8. .

The Case

There was no requirement for the prosecution to prove that an intoximeter device used to obtain breath samples remained approved by the Secretary of State before a conviction could be entered on the basis of a voluntary blood sample subsequently provided under s8(2) of the .

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