[2008] EWHC 303 (Admin)

Where a police surgeon had been called to take liquid samples from a driver who had been arrested on suspicion of drink driving and who had failed to provide a breath specimen because of an alleged medical problem, it was not unlawful for the surgeon to revisit the issue of the breath sample, and for the police to charge the driver with failing to provide a breath specimen without reasonable excuse.

DC (Maurice Kay LJ, Walker J)

31/01/2008