Jersey Judgment

Milho v Att. Gen. [2000] JLR 363 (19 October 2000)

Criminal Law Road Traffic Law Driving Under Influence Failure to Provide Specimen Breath Analysis Police Procedure

Citation: [2000] JLR 363
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Judgment

More details

Posture: Criminal Appeal / Judgment

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

Failure to provide a breath specimen within the single 3-minute opportunity provided by police constitutes an offence under the Road Traffic (Jersey) Law 1956, art. 16C(7).

Court disposition

appeal dismissed

Material facts

Parties

Milho

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal Appeal / Judgment

Questions and positions

Legal issues

Whether police are obliged to give more than one 3-minute opportunity to provide a breath specimen under Road Traffic (Jersey) Law 1956, art. 16C(7)

Party arguments

Applicant: The applicant contended that the police should have provided more than one 3-minute opportunity to give a breath specimen.
Respondent: The respondent argued that only one 3-minute opportunity is required by law, and failure to provide a specimen within that time constitutes an offence.

Court’s reasoning

Legal principles

01
Road Traffic (Jersey) Law 1956, art. 16C(7), as amended

Police are only obliged to give one 3-minute opportunity for a breath specimen.

Ratio, limits and disposition

Ratio decidendi

Failure to provide a breath specimen within the single 3-minute opportunity provided by police constitutes an offence under the Road Traffic (Jersey) Law 1956, art. 16C(7).

Court disposition

appeal dismissed

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[2000] JLR 363

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BAILII >> Databases >> Jersey Law Reports >> Milho v Att. Gen. [2000] JLR 363 (19 October 2000) URL: https://www.bailii.org/je/cases/JLR/2000/JLR000363.html Cite as: [2000] JLR 363 [ New search ] [ Help ] Milho v Att. Gen. 2000 JLR 363 (19 October 2000) Road Traffic - driving under influence of drink - failure to provide specimen for analysis - police only obliged to give one 3-minute opportunity for breath specimen-if none provided during that time, then failure under Road Traffic (Jersey) Law 1956, art. 16C(7), as amended The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2000 JLR 363 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2000/JLR000363.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Road Traffic (Jersey) Law 1956, art. 16C(7)

Legislation

Legislation referenced in the available case record.

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