||All England Reporter
|| All ER (D) 285 (Jul)
Scott Baker J
||Martin Taylor (instructed by the Crown Prosecution Service, Manchester) for the prosecution.
||The respondent was not represented and did not appear.
||19 July 2002
Road traffic - Driving with excess alcohol - Driving after consuming so much alcohol that proportion in breath exceeding prescribed limit - Defence - Necessity - Offender claiming 19-month-old baby was sick, and that he had been driving to an all night chemist - Offender not informing police or police doctor of child's illness - Justices acquitting offender - Whether justices in error.
Justices had erred in acquitting a person accused of driving with excess alcohol, in circumstances where he had raised a defence of necessity, contending that he had been driving to an all night pharmacist to obtain medicine for his sick child, since there had been no basis for that defence in the evidence presented to them.
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