[2008] EWHC 1254 (Admin)

It was settled law that a specimen of breath that had been affected or potentially affected by reflux or regurgitation from the stomach was to be treated as a specimen of breath for the purposes of the Road Traffic Act 1988 and a note in a pro forma document, namely MG DD/A (Station Procedure), used for the administering of breath tests at a police station to the effect that if an individual had brought something up from his stomach his specimen of breath did not give a reliable indication of breath alcohol, was erroneous.

DC (Latham LJ, Underhill J)

28/04/2008