Road traffic

Failure to provide specimens of breath - GP giving evidence that defendant's panic attacks not physically or mentally impeding provision of breath specimen - justices entitled to take into account defendant's demeanour at trial in finding reasonable excuse for not providing specimenDirector of Public Prosecutions v Falzarano: DC (Pill LJ and Potts J): 27 October 2000

The defendant motorist failed to provide a sample of breath when required to do so at a police station and was charged with an offence contrary to s.7(6) of the Road Traffic Act 1988.

At trial her GP gave evidence that the defendant suffered panic attacks, particularly when not taking medication and under stress, but that any associated shortness of breath would not prevent her physically or mentally from providing a breath specimen.

The justices took that evidence into account but concluded that, having observed her demeanour during trial and her proneness to shortness of breath under stress, and given the fact that she had not taken her medication prior to her arrest, she had suffered a panic attack at the police station which constituted a reasonable excuse for failing to comply with s.7(6).

The Director of public Prosecutions appealed.

Ian Pringle (instructed by the Crown Prosecution Service, Weston-super-Mare) for the Director of Public Prosecutions.

Jason Taylor (instructed by Gordon & Penney, Weston-super-Mare) for the defendant.

Held, dismissing the appeal, that the justices had correctly applied their minds to the need for evidence of physical or mental incapability to provide specimens, having sought the advice of their clerk and been correctly advised of the relevant legal principles; that they had in mind the evidence which was normally required to support such a defence and had clearly considered the medical evidence before them; that the justices, having observed the defendant's demeanour at trial, had been entitled to conclude that when upset she became very short of breath and to accept the evidence to that effect; and that, accordingly, the defendant had made out her defence of reasonable excuse.