Source: All England Reporter
Publisher Citation: [2002] All ER (D) 225 (Mar)
Court: Administrative Court

Moses J

Representation Alaric Bassano (instructed by the Crown Prosecution Service, Manchester) for the prosecution.
  The defendant did not appear and was not represented.
Judgment Dates: 15 March 2002


Road traffic - Breath test - Requirement to take test - Prerequisite of test - 'Reasonable cause to suspect' driver has consumed alcohol above prescribed limit - Police forming suspicion after stopping vehicle in course of routine check - Justices excluding evidence of blood-alcohol proportion on that basis - Whether justices in error - , s 6(1).

The Case

Justices had erred in excluding evidence of a motorist's excess alcohol level on the basis that the police officer had no reasonable cause to suspect that a motorist had consumed excess alcohol for the purposes of s6(1) of the to authorise the taking of a roadside breath specimen before the motorist's car was stopped.

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