Source: All England Reporter
Publisher Citation: [2002] All ER (D) 195 (Mar)
Court: Divisional Court

Rose LJ and Leveson J

Representation Nigel Ley (instructed by Whimsters) for the defendant.
  Daniel Webster (instructed by the Crown Prosecution Service, Doncaster) for the prosecution.
Judgment Dates: 13 March 2002


Road traffic - Specimen for laboratory test to determine driver's blood-alcohol proportion - Conditions precedent to request for specimen - Custody record recording defendant having mouth-spray and tablets in possession - Defendant stating no medical reason not to take a specimen of blood - Whether record of mouth-spray and tablets giving rise to obligation on police to consult doctor - Whether defendant having previously unknown abnormal alcohol metabolism amounting to special reason not to disqualify - ss 5(1)(a), 8 - s 34(1).

The Case

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