Drink and Drug Drive Case Notes
- Publisher:
- Wildy Simmonds & Hill
- Publication date:
- 2015-08-29
- Authors:
- Pauline M. Callow
- ISBN:
- 9780854901685
Description:
"This book…is very good. The first thing which is striking about the text is the ability to locate the salient points from each case…one is presented with a clear layout and structure of the circumstances of the case, the question for the court and the decision made, with a brief summary at the start of each case…extremely useful when researching a specific area of law. Of particular merit…is the almost exclusive use of judgments when relaying the decision that was made by the court. The judgments are relayed in part, but only the part essential to the dictum of the judge – useful when drafting a legal argument. In summary this book is extremely useful when defending or prosecuting cases involving drink or drug driving." The Law Gazette Many thousands of people are prosecuted each year for drink and drug driving offences. The legislation favours the prosecution in a number of ways, for example, by requiring those under investigation to give evidence against themselves in the form of specimens of breath, blood or urine, but also affords certain safeguards to suspects. The conviction rate is exceptionally high, and the provisions have given rise to a wealth of case law. Drink and Drug Drive Case Notes comprises summaries of the many cases on drink driving, and the fewer cases on drug driving, which have come before the High Court, the Court of Appeal, the House of Lords and, in one instance, the Supreme Court. Over six hundred judgments are summarised. Each note is presented as a short statement of the facts of the case, the question(s) put to the appeal court and an extract from the judgment. The notes are intended to provide a broad outline of the trends in the case law and as starting points for readers seeking guidance on particular issues.
Preliminary Sections
Contents
- The Requirement to Provide Specimens
- Replacement Specimens: Lower Breath Reading No More than 50
- Specimens for Laboratory Testing
- Failing Without Reasonable Excuse to Co-operate or to Provide Specimens
- Reasonable Excuse
- Challenging the Breath Testing and Breath Analysis Devices
- The Assumption that the Proportion of Alcohol or a Drug at the Time of the Offence was not Less than in the Specimen
- Evidence
- Definitions
- Defences
- Special Reasons
- Other Issues
- Appendix. Road Traffic Act 1988, Sections 3A to 11; Road Traffic Offenders Act 1988, ss 15, 16, 34
- Index