|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 116 (Jan)|
|Court:||Queen's Bench Division, Administrative Court (London)|
Mitting J (judgment delivered extempore)
|Representation||Greg Unwin (instructed by MacLaverty Cooper Atkins) for the appellant.|
|Benedict Leonard (instructed by the Crown Prosecution Service) for the respondent.|
|Judgment Dates:||18 January 2013|
Road Traffic - Offence - Prosecution - Appellant being convicted of driving motor vehicle on public place with breath alcohol reading in excess of legal limit - Magistrates failing to identify which members of public having access to site and for what purpose - Appellant appealing by way of case stated - Whether sufficient evidence from which reasonable for magistrates to find site public place within meaning of relevant legislation - Road Traffic Act 1998, s 5(1)(a).