||All England Reporter
|| All ER (D) 201 (Nov)
|| EWHC 3595 (Admin)
||Queen's Bench Division, Administrative Court (London)
Simon J (judgment delivered extempore)
||Renee Calder (instructed by Geoffrey Miller Solicitors, Manchester) for the appellant.
||J Kellam (instructed by the Crown Prosecution Service, Hampshire) for the respondent.
||18 November 2009
Road traffic - Failure to provide specimen for laboratory test - Mandatory warning - Failure to give warning - Prosecution submitting warning unnecessary as appellant having fully complied with intoximeter procedure - Justices convicting appellant - Whether justices erring - s 7(7).
Road traffic Failure to provide specimen for laboratory test. The Administrative Court held that the justices had erred in finding that there had been no need to give the appellant the warning contained in s7(7) of the regarding the risk of prosecution if he failed to provide a sample for analysis. Accordingly, the matter was remitted to the justices with a direction to acquit the appellant, who had been convicted of an offence contrary to s5(1)(a) of the 1988 Act.
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