[2001] EWHC Admin 931

It was not open to magistrates to find that a failure of an intoximeter EC/IR device to meet home office standards in tests for mouth alcohol rendered the device unreliable in all respects. Magistrates had to examine carefully whether the presumption that the machine was reliable was challenged by evidence that was relevant to the facts of the particular case. Where there were reasons to believe that an intoximeter device was generally unreliable, those representations should be addressed to the Secretary of State for the Home Department.

QBD (Admin) (Pill LJ, Cresswell J)

16/11/2001