Milho v Att. Gen. [2000] JLR 363 (19 October 2000)
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).
- Citation
- [2000] JLR 363
- Parties
- Applicant: Milho; Respondent: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 19 October 2000
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Driving Under Influence, Failure to Provide Specimen, Breath Analysis, Police Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Milho
Applicant
Attorney General
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 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)
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
Full Case Text
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