Source: All England Reporter
Publisher Citation: [2001] All ER (D) 241 (Feb)
Court: Divisional Court

Latham LJ and Potts J

Representation Nigel Ley (instructed by Byrne Frodsham & Co, Cheshire) for G.
  Helen Waller (instructed by the Crown Prosecution Service, Chester) for the prosecution.
Judgment Dates: 20 February 2001


Road traffic - Breath test - Device - Print-out produced by device - Inaccuracy of device - Constable administering test not giving evidence as to calibration of intoximeter - Scientist from intoximeter's manufacturer giving evidence from print-out that machine properly calibrated - Scientist cross-examined as to reliability of intoximeters generally - Whether admissible evidence of calibration.

The Case

On the evidence before it, the Crown Court had been entitled to rule that an intoximeter was working properly and that the appellants conviction should be upheld.

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