Drunken Drivers: A New Approach?
| Author | S. Saeed |
| DOI | 10.1177/0032258X8205500412 |
| Published date | 01 October 1982 |
| Date | 01 October 1982 |
| Subject Matter | Article |
DR.
S. SAEED
Lecturer in Law, Faculty
of
Laws,
University College. London
DRUNKEN
DRIVERS: A
New
Approach?
Legislation against drunken drivers whether in Britain or elsewhere
(if we exclude the draconian measures taken inNorway and Sweden)
has largely proved ineffective in reducing the number of drunk
drivers on the road. The Government, in the Transport Act 1981,has
introduced "New Provisions as to the Offences Relating to Alcohol
and Drugs"; in s.25 (which substitutes s.6-12 of the
Road
Traffic Act
1972) and in sch. 8. The aim of the new measure is to make it less
likely for the culprit to escape apprehension on mere technicalities.
Some of the New Provisions
Under the Transport Act
1981
driving or attemptingto drive or being
in charge of a motor vehicle on a road or other public place with
alcohol concentration above the prescribed limit is an offence (s.6),
unless the person charged with the offence can prove to the courts on
balance of probability
that
at the time he is alleged to have
committed the offence, the circumstances were such
that
there was
no likelihood of his driving the vehicle whilst
the'
proportion of
alcohol in his body exceeded the statutory limit. (s.6(2».
To implement this law, the Act provides
that
a police constable in
uniform can require aperson to provide a specimen of breath for a
breath test if he has a reasonable cause to suspect:
1.
that
aperson driving or attempting to drive or in charge of a
motor
vehicle on a road or other public place has alcohol in his
body or has committed a traffic offence whilst the vehicle was in
motion; or
2.
that
person has been driving or attempting to drive or been in
charge of a
motor
vehicle on a road or other public place with
alcohol in his body and that personstill has alcohol in his body; or
3.
that
person has been driving or attempting to drive or been in
charge of a motor vehicle on a road or other public place and has
committed a traffic offence whilst the vehicle was in motion
(s.7(1 )(a)-(cj),
Byvirtue of s.7(6) the police are empowered
"to
enteronto private
property in order to require abreathtest from a person believedto be
adriver of a vehicle involved in an accident in which injury was
suffered by another person". They are also given the right
"to
enter
where a positive test has been given or where a test has been refused,
and
they
are attempting to exercise their power of arrest of such a
person who either gave or refusedto givethat test."(Combined effect of
October 1982 373
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