Mr A was stopped whilst driving his motor car. The police officer spoke to him and formed the opinion that he had been driving with excess alcohol. At the request of the police Mr A took a roadside breath test. He failed and was arrested and taken back to the police station.
He was then required to provide a breath sample for analysis. Both of these proved positive and he was charged with drink driving.
Upon a close examination of the prosecution evidence it became clear that there had been a breach of police procedure. The court found that this breach of procedure amounted to a special reason and despite being guilty of drink driving, Mr A avoided a driving disqualification.
DRINK DRIVING (INCLUDING DRUGS IMPAIRMENT)
A person is guilty of an offence if he drives or attempts to drive a motor vehicle on a road or other public place when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.
(Road Traffic Act 1988 S5(1)