Area of Law – Driving – Drink Driving Offences

An Article about Whether the precise recital of the requirement to accompany police required

Is it a requirement for a successful prosecution for the offence of refusing to provide a breath sample (s. 49(1)(e)), that the requirement under s. 55(1) of the Road Safety Act 1986 be recited precisely

The cases of Rankin v O’Brien [1986] VR 67 and DPP v Blyth 16 MVR 159 establish that the precise recital of the requirement to accompany the police officer for a breath test as per section 55 of the Road Safety Act 1986 is not crtical to whether a refusal to provide a sample is established on the facts of the case.

The test is whether the evidence as it stood was such to prove that the respondent was given reasonably sufficient information to know what was required of him and why.

 

Date: 01/09/2009