The Law Reports (Queen's Bench Division)
[2004] QB 487
Queen's Bench Division
Sheldrake
v
Director of Public Prosecutions
[2003] EWHC 273 (Admin)
2003 Jan 20;
Feb 24
Feb 24
Clarke LJ, Henriques and Jack JJ
Road traffic
— Drunk in charge of motor vehicle
— Likelihood of driving
— Defence of defendant to prove no likelihood of driving vehicle while remaining unfit through drink
— Whether incompatible with presumption of innocence
—
Road Traffic Act 1988 (c 52), s. 5(1)(b)(2)
—
Human Rights Act 1998 (c 42), s. 3(1), Sch. 1, Pt I, art 6(2)