Driver excused re-test
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• Manchester lorry driver William Quinn, who lost his IIGV driving licence after refusing to take a breathalyser test, has successfully appealed to North Western LA Martin Albu, against a direction that he take a new HGV driving test before being granted a fresh HGV licence.
Quinn, of Kings Lane, Stratford, was disqualified from driving for three years in August 1987 and was seeking reversal of a decision by the then LA in October of the same year revoking his HGV driving licence and directing that he take a test before any further licence was issued.
Quinn had also been disqualified from driving for two years in 1979 for a drink driving conviction. His HGV licence was returned to him in 1981 and he continued as a
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professional driver until being disqualified in 1987. His ordinary driving licence was restored to him last December.
The circumstances of the 1987 offence were that Quinn had left a football supporters club of which he was chairman, and on his way home was involved in a minor traffic accident when his car was clipped by another. Neither driver stopped or exchanged details. Quinn went home to bed and a couple of hours later the police arrived. They woke him and asked him to take a breathalyser test and he refused. He was taken to the police station, where he again refused to take a breath test.
Quinn had wrongly believed that the police had no authority to come to his home and require him to take a breath test or that his arrest entitled them to require him to take an intoximeter test.
He had been an HGV driver since 1971 and there was no evidence that he was driving with excess alcohol in his blood on the night in question. His employers had kept him on and if Quinn's HGV licence was returned to him would employ him in his old position as a driver. He had suffered considerable financial difficulty through being unable to follow his career as a driver.
Albu commented that Quinn had been in a club, had a drink and failed to stop after an accident. In a sense the latter concerned him more. Quinn was a professional driver and ought to know the law. However, returning Quinn's licence, Albu said he did not know why his predecessor had required Quinn to take another test. In view of Quinn's experience he did not really feel that it was necessary. He was following his usual practice, giving Quinn one more chance to make good.