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ROAD TRAFFIC

20 August 2007
Issue: 7289 / Categories: Case law , Law digest
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Breckon v Director of Public Prosecutions [2007] EWHC 2013 (Admin), [2007] All ER (D) 135 (Aug)

Section 15(2) of RTOA 1988 does not apply to preliminary tests under the Road Traffic Act 1988, ss 6 or 6A.

The purpose of the preliminary test is to obtain an indication of whether or not the proportion of alcohol is likely to exceed the prescribed limit, not to determine whether the limit has been exceeded, which is the function of the specimens taken for analysis under s 7.

There is, therefore, no statutory obligation on the prosecution to adduce evidence of the actual figures recorded at the roadside test.

Issue: 7289 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

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