Delaroy-Hall v Tadman

CASE STATED by Inner London Sessions (Chairman, Reginald Seaton, Esq.)

On February 7, 1968, an information was preferred by the prosecutor, Peter Tadman, against Geoffrey Vivian Delaroy-Hall that he drove a motor vehicle on January 18, 1968, on a road called Crawford Street, London, W.1, having consumed alcohol in such a quantity that the proportion thereof in his blood as ascertained from a laboratory test of a specimen subsequently provided by the driver under section 3 of the Road Safety Act, 1967, exceeded the prescribed limit at the time the specimen was provided contrary to section 1 (1) of the Act.

The information was heard on April 25, 1968, by C. R. Beddington Esq., a metropolitan magistrate sitting at Wells Street magistrates' court when the driver pleaded guilty to the offence. He was fined £15 and 15 guineas costs. and it was further ordered that he be disqualified for holding or obtaining a licence to drive a motor vehicle for a period of 12 months and that the particulars of his conviction be indorsed on any driving licence held by him.

The driver appealed to the Inner London Quarter Sessions on the following grounds: That the order disqualifying him for holding or obtaining a driving licence for a period of twelve months was harsh and unjust in that (i) the proportion of alcohol in his blood, to wit 96 milligrammes per 100 millilitres, was only slightly above the prescribed limit, (ii) in a case heard at the Luton magistrates' court a defendant had not been so disqualified for holding or obtaining a driving licence when the amount of alcohol proved to have been in his blood at the relevant time was 273 milligrammes per 100 millilitres, (iii) that he had explained to the court a potential loophole in relation to the breathalyser test, and (iv) that he had held a full driving licence for 30 years and a public service vehicle licence for approximately five years.

The chairman heard the appeal on June 5, 1968, and found the following facts: (a) On January 18, 1968, at 12.30 a.m. at Crawford Street, London, W.1., a motor car was seen by police officers to draw away from the kerb and almost collide with a passing taxi-cab. (b) The driver was stopped by police officers and invited to take a breath test which proved positive. (c) He was arrested and taken to Marylebone Lane police station where he was invited to take a further breath test which again proved positive. (d) He subsequently supplied a specimen of his blood which on analysis was found to contain not less than 96 milligrammes of alcohol per 100 millilitres of blood. (e) His condition was such that the police would not have charged him with driving a motor vehicle when unfit to drive through drink, contrary to section 6 of the Road Traffic Act, 1960.

The driver gave evidence to the effect that between 8 p.m. on January 17, 1968 and 12.30 a.m. on January 18 he had drunk four glasses of whisky with a large proportion of soda for the specific purpose of reducing the alcohol content; and that between those hours he had also eaten a meal. He accepted that the proportion of alcohol in his blood at the relevant time was 96 milligrammes per 100 millilitres.

It was contended by the driver that he should not be disqualified for holding or obtaining a licence to drive a motor vehicle for any period on the grounds that he required a driving licence for his work and that the proportion of alcohol in his blood was only slightly in excess of the prescribed limit at the relevant time. The chairman was not referred to any cases.

Upon consideration of the facts and matters placed before the chairman he allowed the appeal against the order of the magistrate to the extent that he reversed that part of the order whereby the driver was disqualified for holding or obtaining a driving licence for 12 months pursuant to section 5 (2) (a) of the Road Safety Act, 1967, and section 5 (1) of the Road Traffic...