Practice and Procedure

PIGGOTT v DIRECTOR OF PUBLIC PROSECUTIONS (2008)

PUBLISHED February 8, 2008
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[2008] EWHC 305 (Admin)

There was no legal requirement that a motorist accused of driving while under the influence of alcohol should inform the police officer conducting a breath test of any medical conditions from which she suffered that might prevent her from providing sufficient breath for a specimen. However, in the majority of cases, the failure to do so might result in the court concluding as a matter of evidence that any medical excuse belatedly proffered was not acceptable and indicated a wilful failure to provide a specimen.

DC (Moses LJ, Sullivan J)

08/02/2008

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