Practice and Procedure

R (on the application of RAINSBURY) v DPP (2007)

PUBLISHED April 26, 2007

[2007] EWHC 1138 (Admin)

Where a man accused of driving with excess alcohol had consented to give a blood sample for analysis subject to a condition that the sample could only be taken by a doctor and not a nurse, the fact that a police officer made a wrongful threat of prosecution for failure to provide a blood sample, which had led to the accused conceding that condition, had not invalidated the blood option procedure nor rendered the resulting evidence of blood alcohol levels inadmissible.

QBD (Admin) (Irwin J)