Source: All England Reporter
Publisher Citation: [2003] All ER (D) 282 (Feb)
Court: Administrative Court

Stanley Burnton J

Representation Nigel Ley (instructed by Byrne Frodsham) for the appellant.
  Alexia Power (instructed by Crown Prosecution Service, Harrow) for the respondent.
Judgment Dates: 20 February 2003


Road traffic - Drink-driving - Breath test - Intoximeter - Reliability - Rebuttal of presumption of reliability - Refusal of police officer to allow blood test where level of alcohol exceeding 50mg per ml - Compatibility with Convention rights - European Convention on Human Rights, art 6(3).

The Case

There had been no breach of art6(3) of the European Convention on Human Rights in circumstances where a police officer had refused a defendant the opportunity to provide a specimen of blood, where the level of alcohol measured on an intoximeter device had been 93mg per ml.

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