[2004] EWHC 3164 (Admin)

Where a driver had been asked to take a second breath test at a police station a total delay of 14 minutes between a request to speak to a solicitor and an attempt to contact a solicitor was neither signifcant nor substantial. It was quite clear that the police had no duty to delay a breath test in order for legal advice to be sought. The question of delay was a matter of fact and degree for the primary fact finding trial and the court would not expect to see more cases of the instant type save in exceptional circumstances.

DC (Thomas LJ, Fulford J)

11/11/2004