Drink Driving in UK Law

First, the offence of driving while over the legal limit is not an offence which requires the court to ascertain the intent of the accused at all. Conviction follows after a scientific test which is intended to be as exact as possible. Second, in most cases such test is exact or, to the extent it is less than exact, the inexactness will work in favour of the accused.

I have pointed out earlier in this judgment that the basis of the defence of public interest in a breach of confidence action cannot be the same as the basis of such defence to an action for infringement of copyright. In an action for breach of confidence the foundation of the action can fall away if that is required in the public interest, but that can never happen in a copyright action.

Mr. Bryan's final submission, as set out in his skeleton argument, was that there was no evidence in the instant case either that the appellant was adversely affected by drink or that the amount of drink taken by him was such as would adversely affect a driver.

Miss Westcott submits that it is inevitable that if someone drives under the influence of drink he is driving whilst unfit to do so. Indeed, were it not for the decision of Court of Criminal Appeal in 1931 I would have regarded it as obvious. However, that decision appears to have stood the test of time; I have been shown no decision which qualifies its wisdom and I am bound by it.

Where the matter under investigation is a suspected offence contrary to section 5 of the Road Traffic Act 1988 it is really conceded by Mr Jennings, and in my view rightly conceded, that in this jurisdiction the public interest requires that the obtaining of breath specimens part of the investigation cannot be delayed to any significant extent in order to enable a suspect to take legal advice.

These reforms show an intention by Parliament to strengthen the criminal law, to reduce death on the roads by increasing the punishment available to the Courts, and by specifically targeting those who cause death whilst driving with excess alcohol. In tandem with that, causing death by the less serious form of culpable driving, characterised as careless, carries the same maximum sentence if coupled with driving whilst unfit through drink or over the limit.