|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 22 (Mar)|
|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.