NG v DPP [2006] EWHC 36 (Admin) (26 January 2007)

NG v DPP [2006] EWHC 36 (Admin) (26 January 2007)

Evidence of elevated mouth alcohol attributable to eructation is directly connected to the commission of the offence and may amount to a special reason for not imposing obligatory disqualification.

Citation
[2006] EWHC 36 (Admin)
Parties
Claimant: O Sang Ng; Defendant: DPP
Jurisdiction
England and Wales
Judgment Date
26 January 2007
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Disqualification set aside; matter remitted to Magistrates Court for reconsideration of special reasons.
Legal Topics
Drink Driving, Special Reasons, Disqualification From Driving
Criminal Law Road Traffic Law Drink Driving Special Reasons Disqualification From Driving

Case Brief

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Parties

O Sang Ng

Claimant

DPP

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether elevated mouth alcohol due to eructation is a circumstance special to the offender or directly connected to the commission of the offence
  2. 2 Whether evidence of mouth alcohol can amount to a special reason for not imposing obligatory disqualification

Ratio Decidendi

Evidence of elevated mouth alcohol attributable to eructation is directly connected to the commission of the offence and may amount to a special reason for not imposing obligatory disqualification.

Court Disposition

Disqualification set aside; matter remitted to Magistrates Court for reconsideration of special reasons.

Orders

  • Disqualification from driving set aside
  • Matter remitted to Magistrates Court for reconsideration of special reasons