Clause 13 - Period of endorsement for failure to allow specimen to be tested
Road Safety Bill [Lords]
2:00 pm
David Kidney (PPS (Mr Elliot Morley, Minister of State), Department for Environment, Food and Rural Affairs; Stafford, Labour)
In another Committee in another context, I was described last week as a jobbing lawyer, because I was a solicitor before I was elected to Parliament. I hesitate to give a legal opinion without the full facts, as any lawyer would say, but I suggest that if the police set up a roadside test knowing that they would ask everyone about alcohol so that they could carry out a breath test it would be illegal. As I said, however, the police can stop people for other reasons and can then form a reasonable suspicion and conduct a breath test.