ADMISSIBILITY OF BREATH TEST EVIDENCE

It was only in an exceptional case, where a solicitor was immediately available to an individual, that a breath test could be delayed to allow that individual to consult a solicitor, as there was a public interest in breath tests being performed promptly.

[2009] EWHC 3082 (Admin)

In certain circumstances, the evidence of an evidential breath test procedure could be admitted, although a request for legal advice had been made but no attempt was made to secure the provision of advice from a solicitor to the appellant prior to the commencement of the breath test procedure.

[2003] EWHC 2512 (Admin)