Source: All England Reporter
Publisher Citation: [2001] All ER (D) 343 (Feb)
Court: Divisional Court

Rose LJ and Sullivan J

Representation John Kearney (instructed by Barker Gillette) for M.
  Timothy Godfrey (instructed by Crown Prosecution Service, Croydon) for Director of Public Prosecutions.
Judgment Dates: 27 February 2001


Road traffic - Driving while unfit to drive through drink or drugs - Specimen of breath ||Appellant failing to provide specimen of breath - Appellant claiming medical condition preventing him from providing specimen - Doctor concluding appellant fit to provide specimen - Whether court entitled to find that appellant had not had a reasonable excuse for failure to provide a specimen.

The Case

The procedures provided for by the did not oblige a custody sergeant to offer an appellant the option to provide a blood or urine sample in circumstances where he had formulated a view that the appellant was capable of providing a specimen of breath

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