Source: All England Reporter
Publisher Citation: [2002] All ER (D) 64 (Jul)
Court: Divisional Court

Rose LJ and Gibbs J

Representation Richard Whittam (instructed by Crown Prosecution Service, Warrington) for the appellant.
  Nigel Ley (instructed by Byrne Frodsham, Widnes) for the respondent.
Judgment Dates: 4 July 2002


Road traffic - Breath test - Device - Analysis of breath specimen by approved device - Expert evidence demonstrating machine not meeting one required specification - Defendants challenging reliability of device - Device's failure not relevant case ||Crown Court dismissing informations - Approach to challenge to reliability of intoximeter - Whether justices in error.

The Case

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