[2009] EWHC 3010 (Admin)

The assumption in the Road Traffic Offenders Act 1988 s.15(2), that unless s.15(3) applied the proportion of alcohol in an accused's breath was not less than that in the specimen, applied only to trials. Once the accused had pleaded guilty to driving while over the limit he was permitted to argue that his alcohol breath level was demonstrably lower than a certified reading, and the actual level could and should be determined at a Newton hearing.

DC (Sullivan LJ, Openshaw J)

04/11/2009