Preface
| Pages | 5-6 |
| Author | Pauline M. Callow |
Preface
Drink- and Drug-Drive Case Notes comprises summaries of the many cases on
the drink- and drug-driving offences which have come before the higher courts.
The cases go back, broadly, to 1984, although some earlier, leading, decisions are
also included. Judgments available up to the end of January 2025 are covered.
Over 600 judgments are summarised. Each note is presented as a short statement
of the facts of the case, the issue(s) in the appeal 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 points.
As far as possible, the material is arranged according to the subject matter of the
cases, but overlaps are inevitable. Each case note has a headnote, giving an
attempt at a single-sentence (sometimes longer) summary of the ratio of the case.
Headnotes to the various sections include cross-references to other cases touching
on like subjects.
This fourth edition includes notes of some 50 or more cases added since the third
edition was published in 2015. Themes running through the new cases include
the availability of judicial review as a means of challenge, case management, the
appropriateness of adjournments and preparedness for trial. Longer-standing
issues have also been revisited – the disclosure of records, consulting the forms
completed during the investigation to refresh memory at trial, the discretion to
admit or exclude evidence and burdens of proof.
At the time of writing, the drug-driving offences in ss 3A(1)(ba) and 5A, Road
Traffic Act 1988 have been in place for 10 years, and now account for almost as
many convictions as the alcohol offences. The drug offences are framed in
broadly the same terms as the equivalent alcohol offences, although testing for
drugs is by the analysis of blood or urine only. Much of the case law concerning
the alcohol offences is relevant. Definitive sentencing guidelines for the drug
offences were not introduced until 2023, but now clarify certain issues which had
given rise to sentencing appeals.
The option in s 8(2)Road Traffic Act 198888, under which suspects could, in
so-called borderline cases, choose to have their breath specimens replaced by
specimens of blood or urine was finally removed in 2015. Cases dealing solely
with the exercise of the option no longer appear in this edition of Drink- and
Drug-Drive Case Notes. Others, notably those relating to the procedure once the
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