[2003] EWHC 359 (Admin)

Where an approved breath testing device recorded the presence of more than 50 microgrammes of alcohol in 100 millilitres of breath, there were no reasonable grounds for R's request that another type of sample be provided pursuant to the Road Traffic Act 1988 s.8(2) and the refusal of permission for the provision of another type of specimen did not infringe R's right to have adequate time and facilities for the preparation of his defence under the Human Rights Act 1998 Sch.1 Part I Art.6(3)(b).

QBD (Admin) (Stanley Burnton J)

20/02/2003