[2010] EWHC 52 (Admin)

A magistrates' court had failed to establish that an individual charged with driving with excessive alcohol had withdrawn his consent to provide a blood or urine sample for laboratory alcohol analysis under the Road Traffic Act 1988 s.8(2), and it was therefore not entitled to convict him on the grounds that the proportion of alcohol in his original breath specimen exceeded the legally prescribed limit.

DC (Moses LJ, Tomlinson J)

20/01/2010