Wade v DPP
| Jurisdiction | England & Wales |
| Judgment Date | 14 February 1995 |
| Date | 14 February 1995 |
| Court | Divisional Court |
Queen's Bench Divisional Court
Road traffic - blood specimen - tablets as medical reason
Where under section 7 of the Road Traffic Act 1988 a person was requested to give reasons why a blood specimen should not be taken, the response that he took tablets was capable of being a medical reason.
The Queen's Bench Divisional Court (Lord Justice McCowan and Mr Justice Dyson) so stated on February 6 when allowing an appeal by Malcolm Lindsay Wade by way of case stated from his conviction by Keswick Justices on March 4, 1994 of driving with excess blood alcohol contrary to section 5(1) of the Road Traffic Act 1988. He had been fined #200, had his licence endorsed and was disqualified from holding a licence for three years.
LORD JUSTICE McCOWAN said that Mr Wade's response that he took tablets had to be taken as to representation as to which specimen, urine or blood, should be taken, and it was for the officer to decide which. He chose blood.
There was no evidence that the police officer had taken the answer into account or considered whether it should be a medical reason. On the face of it, the reason given was a medical reason because the use of tablets could have affected...
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