Source: All England Reporter
Publisher Citation: [2001] All ER (D) 57 (Feb)
Court: Divisional Court
Judge:

Brooke LJ and Potts J

Representation Andrew Clarke (instructed by the Crown Prosecution Service, Warrington) for the prosecution.
  Andrew Green (instructed by Shepherd Oakes & Co, Macclesfield) for L.
Judgment Dates: 6 February 2001

Catchwords

Road traffic - Breath test - Failure to provide specimen - Reasonable excuse - Bronchitic condition - Neither arresting officer nor motorist telling investigating officer of bronchitis - Whether reasonable excuse - s 7(1).

The Case

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