Source: All England Reporter
Publisher Citation: [2002] All ER (D) 285 (Jul)
Court: Administrative Court
Judge:

Scott Baker J

Representation Martin Taylor (instructed by the Crown Prosecution Service, Manchester) for the prosecution.
  The respondent was not represented and did not appear.
Judgment Dates: 19 July 2002

Catchwords

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.

The Case

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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