§ Lord Kennetasked Her Majesty's Government:
Whether they are examining the judgment of the Queen's Bench Division of 10th December 1992 when a driver was excused giving a specimen of breath for analysis on the grounds of his fear of contracting HIV.
Earl FerrersThe judgment has been examined and no further action is considered necessary. It concerned a motorist who was convicted of failing to supply a specimen of breath for analysis and who was fined and had his licence endorsed but was not disqualified from driving. That was because the magistrates considered that, in his particular case, he had an exceptional fear of contracting AIDS which amounted to a special reason for not disqualifying him.