Recent Motoring Cases Interest
CPS v Jolly
DC
Elias, LJ; Keith, J.
Judgment Date: 05 May 2010
Subject: Criminal Justice - Police Other related subjects: Criminal Justice - Criminal law; Transport - Road traffic
Keywords: Breath samples; Driving while over the limit; Information; Police powers and duties; Specimen tests
Outcome: Appeal allowed
Abstract: When informing a breathalysed driver about his right to request a blood or urine test to replace a breath sample, a police officer was not obliged to provide additional information or ensure that the driver understood the implications or advantages of choosing a blood or urine test instead of a breath test.
Case - Transcript
Angel v Chief Constable of South Yorkshire
2010 WL 1608462
DC
Langstaff, J.; Sir Anthony May (President, QB)
Judgment Date: 23 March 2010
Subject: Transport - Road traffic Other related subjects: Criminal Justice - Criminal law
Keywords: Blood samples; Drugs; Failure to provide specimen; Medical advice
Outcome: Appeal dismissed
Abstract: For the purposes of the Road Traffic Act 1988 s.7(3)(c), the person's "condition" was his condition at the time he was driving.
Case - Transcript
Rose v DPP
2010 WL 783795
DC
Swift, J.; Waller, L.J.
Judgment Date: 11 March 2010
Subject: Transport - Road traffic Other related subjects: Criminal Justice - Criminal evidence; Criminal Justice - Criminal law
Keywords: Breath samples; Breath tests; Delay; Driving while over the limit; Type approval
Outcome: Appeal dismissed
Abstract: The judgment in Zafar v DPP [2004] EWHC 2468 (Admin), (2005) 169 J.P. 208, [2005] C.L.Y. 779 did not alter the position that a type-approved breathalyser could not be challenged in a criminal court, and the Crown Court had correctly dismissed an individual's appeal against conviction for an offence under the Road Traffic Act 1988 s.5(1)(a).
Case - Note
R. (on the application of Coxon) v Manchester City Magistrates' Court
DC
Cranston, J.; Leveson, L.J.
Judgment Date: 11 March 2010
Subject: Transport - Road traffic Other related subjects: Criminal Justice - Criminal law
Keywords: Breath tests; Driving while over the limit; Modification
Outcome: Application refused
Abstract: Whether a modification to an intoxyliser took it out of a type approved under the Breath Analysis Devises Approval 2005 required a broad common sense consideration of whether the function of the modified device still had the character, essence and identity of the device with type approval.
Official Publication - UK
Vehicle and Operator Services Agency: Enforcement of regulations on commercial vehicles: Eighteenth Report of Session 2009-10: Report, together with formal minutes, oral and written evidence
House of Commons Committee of Public Accounts
Publication Date: 11 March 2010
Subject: Transport - Road traffic Other related subjects: Criminal Justice - Criminal law; Constitutional and Administrative Law - Government administration; Transport
Keywords: Dangerous driving; Dangerous vehicles; Data sharing; Department for Transport; Enforcement; Foreign vehicles; Heavy goods vehicles; Road safety; Vehicle and Operator Services Agency
Abstract: In its eighteenth report of Session 2009/10, the Committee of Public Accounts examines the extent to which the Vehicle and Operator Services Agency (VOSA) is effective in targeting high risk vehicles and whether its approach to enforcement of regulations on commercial vehicles is appropriate. VOSA has successfully increased by over 25 per cent the number of dangerous vehicles and drivers that it removed from the roads in recent years. While welcoming VOSA's work to target its efforts more at the riskiest operators, the Committee considers that there is scope to do better by bringing its working practices up to date to reflect current road traffic patterns and the opportunities afforded by technology and working with others. States more needs to be done to address the risk to road safety posed by foreign commercial vehicles. The Department for Transport (DfT) and VOSA have increased the number of inspections of foreign vehicles and have put in place stronger sanctions in the form of fines. But they must not lose focus on the need to address a number of important barriers to the effectiveness of their enforcement activities. In particular, the Committee does not consider that the DfT and VOSA have done enough to secure access to HM Revenue and Customs' Freight Targeting Database, which would allow VOSA to target non-compliant vehicles and drivers as they enter the country. Moreover, it is unacceptable that three ports have barred VOSA from carrying out enforcement activities within their premises. States VOSA needs to develop its systems further so that they reflect better the known risks to road safety; the location of staff and checksites needs to reflect more closely current traffic patterns; notes that there is currently no fully effective mechanism for sharing data on high risk operators in the EU; and highlights that DfT's new Heavy Goods Vehicle (HGV) compliance strategy is under development, providing an opportunity to make better use of data to analyse risk and to target resources more effectively.
URL: http://www.publications.parliament.uk/pa/cm200910/cmselect/cmpubacc/284/284.pdf
Publisher: The Stationery Office
Series: HC Paper No.284 (Session 2009/10)
ISBN: 978 0 21554 459 9
Price: GBP 10.00
Article - Journal
Lawful stopping of vehicles
Philip Rule
C.L. & J. 2010, 174(9) 121-124
Subject: Criminal Justice - Police
Keywords: Clothes; Police officers; Police powers and duties; Road checks
Abstract: Reflects on statute and case law on the lawfulness of the stopping of vehicles by police officers not in uniform in light of the acquittal and dismissed appeal against conviction, respectively, by the Wood Green Crown Court in R. v Antoniou and the Court of Appeal in R. v Udu (Ochuko). Suggests that the outcomes in the two cases are not contradictory, but capable of rational explanation owing to the specific circumstances.
Case - Note
Moore v DPP
DC
Owen, J.; Toulson, L.J.
Judgment Date: 02 March 2010
Subject: Criminal Justice - Criminal law Other related subjects: Transport - Road traffic
Keywords: Attempts; Conduct; Driving while over the limit; Road traffic offences
Outcome: Appeal dismissed
Abstract: For conduct by an individual to constitute an attempt to commit an offence under the Criminal Attempts Act 1981, and not an act that was merely preparatory to the commission of an offence, the conduct by the individual had to be sufficiently close to the final act that it could, on the application of common sense, be properly regarded as part of the execution of the individual's plan to commit the intended offence.
© 2010 Sweet & Maxwell
Article - Newspaper
Call for points penalty over not wearing a seatbelt
Lucy Adams
Herald, February 22, 2010 (Online edition)
Subject: Criminal Justice - Criminal law Other related subjects: Transport - Road traffic; Scotland
Keywords: Endorsements; Road safety; Road traffic offences; Scotland; Seat belts
Abstract: The Scottish Government has called for drivers who do not wear seat belts to be punished with penalty points rather than just a fine. Justice Secretary Kenny MacAskill called on the UK Government to take urgent action and change legislation. If they are unwilling to do so he said the powers should be transferred to Scotland to allow him to take the action required.
