Director of Public Prosecutions v Conroy [2003] EWHC 1674 (Admin) (23 June 2003)

Director of Public Prosecutions v Conroy [2003] EWHC 1674 (Admin) (23 June 2003)

Given the distance driven, manner and speed of driving, location, and presence of pedestrians, no reasonable bench could find special reasons for not disqualifying; the magistrates' decision was wrong in law.

Citation
[2003] EWHC 1674 (Admin)
Parties
Claimant: Director of Public Prosecutions; Defendant: Liam Howard Conroy
Jurisdiction
England and Wales
Judgment Date
23 June 2003
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Driving Under the Influence, Special Reasons, Disqualification From Driving, Appeal Against Magistrates' Decision
Criminal Law Road Traffic Law Driving Under the Influence Special Reasons Disqualification From Driving Appeal Against Magistrates' Decision

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Liam Howard Conroy

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the shortness of distance driven while over the alcohol limit constitutes a 'special reason' not to disqualify from driving
  2. 2 Whether the magistrates' finding of special reasons was perverse or irrational

Ratio Decidendi

Given the distance driven, manner and speed of driving, location, and presence of pedestrians, no reasonable bench could find special reasons for not disqualifying; the magistrates' decision was wrong in law.

Court Disposition

appeal allowed

Orders

  • Matter remitted to Crewe Justices to consider the appropriate period of disqualification.
  • Respondent to pay £500 in relation to the appellant's costs.