Source: All England Reporter
Publisher Citation: [2002] All ER (D) 22 (Mar)
Court: Administrative Court

Newman J

Representation Kerry Barker (instructed by the Crown Prosecution Service Wiltshire Branch, Chippenham) for the prosecution.
  Christopher Smyth of Bishop Longbotham & Bagnall, Swindon for the respondent.
Judgment Dates: 4 March 2002


Road traffic - Driving while unfit to drive through drink or drugs - Arrest without warrant - Respondent providing negative roadside breath test - Police constable arresting respondent - Police constable of opinion there was reasonable suspicion that respondent unfit to drive through drink - Whether arrest unlawful - Whether police constable having power to arrest respondent following negative breath test - ss 4 and 6.

The Case

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