[2008] EWHC 127 (Admin)

In deciding whether "a reliable device ... is not available" to provide a specimen of breath pursuant to the Road Traffic Act 1988 s.7(3)(b), a police officer could form a reasonable belief on the basis of being told that such a device was not available. In deciding whether a belief was reasonably held, the court was entitled to consider the position of the person who provided the information and whether it was reasonable for the officer to rely on what was said in reaching that belief.

QBD (Admin) (Ouseley J)

17/01/2008