Drink Driving Offence in UK Law

Leading Cases
  • R v Drummond (Andrew)
    • Court of Appeal (Criminal Division)
    • 07 March 2002

    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. Thirdly, it is the accused himself who, by drinking after the event, defeats the aim of the legislature by doing something which makes the scientific test potentially unreliable.

  • Re Attorney General's Reference (No.152 of 2002); R v Robert Charles Cooksley
    • Court of Appeal (Criminal Division)
    • 03 April 2003

    We make clear that starting points only indicate where a person sentencing should start from when seeking to determine what should be the appropriate sentence. There is, however, a danger in relation to the higher starting points of the sentencer, if he is not careful, double accounting. The sentencer must be careful not to use the same aggravating factors to place the sentence in a higher category and then add to it because of the very same aggravating features.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 December 2000

  • Sheldrake v DPP
    • Queen's Bench Division (Administrative Court)
    • 24 February 2003

  • Clarke v Kato; Cutter v Eagle Star Insurance Company Ltd
    • House of Lords
    • 22 October 1998

    A more formidable argument for the appellants in my view lies in the fact that the legislation is in certain sections expressly made to apply not simply to "a road" but to "a road or other public place." These added words appeared in section 15(1) of the Road Traffic Act 1930 in relation to the offence of driving a motor vehicle when under the influence of drink or drugs.

  • R v Jack Richardson; R v Sheppard; R v Abery; R v Little; R v Poel; R v Robertson
    • Court of Appeal (Criminal Division)
    • 18 December 2006

    Everyone knows, or should know, that the consumption of even small quantities of alcohol undermines the ability of any driver to apply his full concentration to the road. Where the consumption is high, it is effectively extinguished. Alcohol makes a driver personally unfit to drive, and the car of which he is in control becomes as dangerous with him at the wheel as if it were subject to a serious known, potentially fatal, mechanical defect.

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Legislation
  • Sentencing Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... apply where a person is convicted of an offence before F11 December 2020 ... (2) Accordingly, ... with—(i) imprisonment, or(ii) driving disqualification, or(b) any suspended sentence in ... by careless driving when under influence of drink or drugs) ... Aviation and Maritime Security ... ...
  • Road Traffic Act 1962
    • UK Non-devolved
    • January 01, 1962
  • Road Traffic Act 1988
    • UK Non-devolved
    • January 01, 1988
    ... ... Driving offences ... 1: Causing death by dangerous ... or other public place is guilty of an offence ... Annotations: Amendments (Textual) # F1 Ss ... by careless driving when under influence of drink or drugs ... (1) If a person causes the death ... ...
  • Road Traffic Act 1972
    • UK Non-devolved
    • January 01, 1972
    ... ... Offences connected with driving of motor vehicles ... Offences connected with ... to be, on the road, shall be guilty of an offence ... (2) Section 20 of the Coroners (Amendment) ... being in charge, when under influence of drink or drugs. 5 Driving, or being in charge, when ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • Go Straight To Jail - Do Not Pass Go! Life Sentences Proposed For Dangerous Drivers
    • Mondaq UK
    ... ... In addition, a new offence is being proposed for careless driving resulting ... who kill whilst under the influence of drink or drugs; and a new offence of causing serious ... ...
  • Road Traffic Law: Enhanced Enforcement To Reduce Drink Driving?
    • Mondaq UK
    ... ... reasonably suspect that the driver has consumed alcohol ... reasonably suspect that the driver has committed a road traffic ... offence while the vehicle was in motion ... reasonably believe that the driver has been involved in a road ... traffic accident ... Whilst the above allow ... ...
  • New Sentencing Guidelines For Driving Offences: What Commercial Fleet Operators Need To Know
    • Mondaq UK
    ... ... WTW previously considered the new driving offence of causing serious injury by ... careless driving ... The difference in ... Causing death by careless driving when under the ... influence of drink or drugs ... 14 years' custody, minimum two years' ... disqualification ... ...
  • Road Traffic Defence
    • Mondaq United Kingdom
    ... ... be accused of committing a road traffic offence ... Because road traffic offences often cause ... of penalty points, disqualification from driving, a substantial fine and even imprisonment. We ... driving Driving whilst disqualified Drink driving Failing to provide a sample for analysis ... ...
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