[2008] EWHC 901 (Admin)

Where a motorist provided two breath specimens in two separate cycles of breath testing and the breath analysis machine registered an error after the provision of the second breath specimen in each cycle, the motorist had not provided two valid specimens of breath for the purposes of the Road Traffic Act 1988 s.11(3) and could be asked for further breath specimens until he had provided two valid specimens for analysis.

DC (Leveson LJ, Lloyd Jones J)

19/03/2008