DPP v Coulter

Failure to follow guidance in form MGDDA does not render the police request for a breath specimen unlawful; the statutory requirement stands independently of procedural guidance.

Parties: Claimant: DPP; Defendant: Daniel Coulter
Jurisdiction: England and Wales
Judgment Date: 29 June 2005
Procedural Posture: Criminal / Appeal on Case Stated
Outcome: case remitted to same court for continuation of hearing
Legal Topics: Breath Specimen Procedure, Failure to Provide Specimen, Lawfulness of Police Request

Criminal Law Road Traffic Law Breath Specimen Procedure Failure to Provide Specimen Lawfulness of Police Request

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Parties

DPP

Claimant

Daniel Coulter

Defendant

Procedural Posture

Criminal / Appeal on Case Stated

Legal Issues

1 Whether failure to follow guidance in form MGDDA renders police request for breath specimen unlawful
2 Whether there was a case to answer for failure to provide specimen

Ratio Decidendi

Failure to follow guidance in form MGDDA does not render the police request for a breath specimen unlawful; the statutory requirement stands independently of procedural guidance.

Court Disposition

case remitted to same court for continuation of hearing

Orders

matter remitted to same court for continuation of proceedings
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