Practice and Procedure

MCKEON v DIRECTOR OF PUBLIC PROSECUTIONS (2007)

PUBLISHED December 19, 2007
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[2007] EWHC 3216 (Admin)

A magistrates' court had erred in law in holding that a motorist had no reasonable excuse for failing to provide a specimen of breath contrary to the Road Traffic Act 1988 s.7(6) as it had erroneously required the motorist to prove that he had a reasonable excuse rather than requiring the DPP to prove the absence of a reasonable excuse once the motorist had properly raised the existence of a reasonable excuse.

DC (Dyson LJ, Jack J)

19/12/2007

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