ROAD TRAFFIC

Specimen of breath for analysis motorist failing to provide specimen but not informing custody officer of medical condition no reasonable excuse for failure Director of...Specimen of breath for analysis motorist failing to provide specimen but not informing custody officer of medical condition no reasonable excuse for failure Director of Public Prosecutions v Lonsdale : DC (Brooke LJ and Potts J): 6 February 2001The defendant was driving erratically when stopped by a police constable and asked to provide a specimen of breath for analysis.

He told the constable that he had bronchitis, but gave a specimen which was positive.

He was arrested and taken to the police station.

He was required to produce two specimens of breath, but made no attempt to do so.

The custody sergeant was not told of the defendants medical condition.

He was charged with failing to provide a specimen of breath without reasonable excuse contrary to section 7(6) of and Schedule 2 to the Road Traffic Act 1988.

The justices acquitted the defendant because, since the sergeant did not know the full circumstances owing to the constables failure to give the sergeant the information supplied to him, the investigation was flawed so the defendant had a reasonable excuse for not providing a specimen of breath.

The Director of Public Prosecutions appealed.Andrew Clarke (instructed for the Crown Prosecution Service, Warrington) for the director.

Andrew Green (instructed by Shepherd Oakes & Co, Macclesfield) for the defendant.Held, allowing the appeal, that a motorist who made no attempt to provide a breath specimen, made by a police officer carrying out an investigation into whether a relevant offence had been committed under section 7 of the 1988 Act, could not contend that he had reasonable excuse for failing to comply because he had told the arresting officer that he had a medical condition, when he had not given that information to the custody officer at the police station; and that the case would be remitted with a direction to the justices to convict.