20 August 2007
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.
