Cowper v DPP, Court of Appeal - Administrative Court, March 18, 2009, [2009] EWHC 2165 (Admin)

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Cowper v DPP, Court of Appeal - Administrative Court, March 18, 2009, [2009] EWHC 2165 (Admin)

SMITH BERNAL WORDWAVE

CO/10248/08

Neutral Citation Number: [2009] EWHC 2165 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

DIVISIONAL COURT

Royal Courts of Justice

Strand

London WC2A 2LL

Wednesday, 18 March 2009

B e f o r e:

SIR ANTHONY MAY PQBD

MRS JUSTICE DOBBS DBE

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Between:

COWPER

Claimant

v

DPP

Defendant

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Mr M Gray (instructed by Oliver and Co, Chester CH1 2LA) appeared on behalf of the Claimant

Mr S ap Mihangel (instructed by the DPP) appeared on behalf of the Defendant

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J U D G M E N T1. MRS JUSTICE DOBBS: Introduction: This is an appeal by way of case stated against a decision of the Justices for the County of Cheshire sitting at Chester Magistrates' Court on 9 June 2008. The issue is one which has been raised in many previous appeals, namely whether the evidence of the refusal by a driver suspected of drink-driving to take a breath test ...

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