Practice and Procedure

DIRECTOR OF PUBLIC PROSECUTIONS v TOOZE (2007)

PUBLISHED July 24, 2007
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[2007] EWHC 2186 (Admin)

In a case of driving whilst over the limit, magistrates had erred in dismissing the charge as the burden of proof should have been on the driver under the Road Traffic Offenders Act 1988 s.15(3) to prove that alcohol he had drunk after driving had been responsible for his being over the legal limit when breathalysed and he was unable to do so.

DC (Sedley LJ, Nelson J)

24/07/2007

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