[2010] EWHC 2886 (Admin)

Non-compliance with the Road Traffic Act 1988 s.9 in the performance of a preliminary breath test could not invalidate subsequent specimens provided under s.7 of the Act. The interaction between the provisions was to ensure that those in hospital had the protections provided by s.9 as part of the s.7 procedure, but despite its mandatory terminology, s.7 did not require that every aspect of s.9 should be faithfully observed as a precondition of admissibility.

QBD (Admin) (Munby LJ, Langstaff J)

09/07/2010