Offences and Case Law
| DOI | 10.1177/0032258X4902200413 |
| Date | 01 October 1949 |
| Published date | 01 October 1949 |
| Subject Matter | Article |
Offences and Case Law
By
A BOROUGH
CHIEF
CLERK
IV.-PUNISHMENT
OF
PERSONS
DRIVING
MOTOR
VEHICLES
WHEN
UNDER
THE
INFLUENCE
OF
DRINK
OR
DRUGS.
SECTION
15
or attempting to drive,
ROAD
TRAFFIC
ACT,
1930,
Any person who when driving
or when in charge of,
amotor vehicle
on a road or other public place,
is under the influence of drink or a drug,
to such an extent as to be incapable of having proper control
of the vehicle, commits an offence, and a person convicted
of the offence shall, unless the court for
(g) special reasons thinks fit to order otherwise, be disqualified
for a period of twelve months for holding or obtaining a
licence.
(a)
(b)
(c)
(d)
(e)
(f)
" driving or attempting to
drive"
In
the case of Saycell v. Bool (1948) 112J.P. 341, the respondent,
wishing to
put
into his garage, 100 yards away, his motor van, which
was standing on the road on an incline, released the brake, pushed
the van to set it in motion, and then got into the driving seat and
steered the van towards the garage.
There
was no petrol in the tank
of the van, and the engine was not running when the respondent was
steering the vehicle.
Nevertheless it was held that as he had caused the van to start
moving by pushing it and was controlling it by holding the steering
wheel and applying the brakes he was "
driving"
it for the purpose
of the Road Traffic Act, 1930.
" Or when in
charge
of"
There
appears to be no decision of the High Court as to the mean-
ing of what constitutes being " in charge
of"
amotor vehicle for the
purpose of section
15,
but
the following cases at Quarter Sessions and
before courts of summary jurisdiction give some idea of instances
where defendants have been held to be " in charge."
In
the case of R. v. West at Bow Street on August 27th, 1931,
it was held that a motorist in a stationary car,
but
in the driver's seat,
and who is the holder of a driving licence, may be in charge of a motor
vehicle within the meaning of the section, even though he has never
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