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The Drink- and Drug-Drive Offences: A Handbook for Practitioners 2nd ed

The Drink- and Drug-Drive Offences: A Handbook for Practitioners 2nd ed

  • 作者:
  • 出版商: Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854902590
  • Previous Edition ISBN: 9780854900756
  • 出版时间 October 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    The provisions on drink-and drug- driving, and their statutory predecessors, have undoubtedly contributed to greater road safety. The conviction rate is extremely high, running at 95 per cent.

    The consequences of conviction for a drink- or drug-drive offence go beyond the immediate penalty of a fine, a community penalty or imprisonment. They include disqualification from driving, which may not simply inconvenience the offender, but may lead to loss of employment and, in due course, to greatly increased insurance premiums.

    Since the first edition of this book was published in 2011, there have been two major changes. First, the new section 5A of the Road Traffic Act 1988 came into force in March 2015 and created the offences of driving, attempting to drive or being in charge with a concentration of a specified controlled drug above the specified limit for that drug.

    This second edition includes new material which describes the new offence. As far as possible, the provisions under s 5A mirror those relating to excess alcohol, but the seventeen drugs in question are very different from alcohol, and from each other. The law on s 5A is no doubt set to develop over the years to come. Secondly, the so-called ‘statutory option’ has been removed (except in Northern Ireland, the Isle of Man and the Channel Islands).

    The new edition of The Drink- and Drug-Drive Offences: A Handbook for Practitioners (formerly The Drink-Drive Offences: A Handbook for Practitioners) provides a practical, comprehensive, accessible and up-to-date account of this broad area of law. The book brings together the statutory provisions and the case law on the drug- and drink-drive offences, elucidating issues which are often surprisingly difficult.

    It is intended for all practitioners concerned with this area of law, whether police, prosecution or defence, and adopts a neutral standpoint between their various interests.

  • 1. INTRODUCTION
    The background
    The offences
    The investigation
    Definitions
    Use of specimens in proceedings
    Trial
    Penalties
    The MG DD forms
    The Crown Prosecution Service
    Railways, tramways, shipping and aviation

    2. PRELIMINARY TESTS
    Introduction
    Stopping of vehicles
    Trespass and bad faith
    The prerequisites
    Preliminary breath test
    Preliminary impairment test
    Preliminary drug test
    Power of arrest
    Power of entry
    Time for caution

    3. BREATH SPECIMENS
    Introduction
    The power to require specimens
    The place at which specimens may be required
    The breath analysis device
    The procedure for requiring specimens
    Lower breath reading to be used
    Conclusion of the breath analysis procedure

    4. BLOOD AND URINE SPECIMENS
    Introduction
    The place at which specimens may be required
    Medical reasons why breath cannot be provided or should not be required
    Device unreliable, unavailable or impracticable to use
    Device not having produced a reliable indication
    Specimens for drug testing
    Relationship between blood and breath specimens
    Choice of specimen: blood or urine
    Time for providing urine specimen
    Failing without reasonable excuse to provide
    The statutory warning
    Consent to the taking of a blood specimen
    The procedure for making the requirement
    Taking and dividing the specimen
    The analysis
    Detention following the procedure

    5. INCAPACITY TO CONSENT AND HOSPITAL PATIENTS
    Persons incapable of consenting
    Hospital patients

    6. CAUSING DEATH
    Introduction
    Causing death
    Driving without due care and attention
    Driving inconsiderately
    Other persons
    Unfit or with excess alcohol or drugs
    Failure to provide specimens

    7. UNFITNESS TO DRIVE
    Introduction
    The meaning of ‘unfit to drive’
    Evidence of unfitness
    ‘Drink or drugs’
    ‘Drug’
    Arrest
    No likelihood of driving

    8. THE EXCESS ALCOHOL AND DRUGS OFFENCES
    Introduction
    ‘Drives’
    Attempting to drive
    Motor vehicle
    Road
    Other public place
    Consuming
    The prescribed and specified limits
    The statutory assumption
    The exception to the statutory assumption
    ‘Back calculations’
    Aiding and abetting
    Excess drugs: the medical defence
    The defence of duress or necessity
    The defence of insanity

    9. THE ‘IN CHARGE’ OFFENCES
    Introduction
    In charge
    Likelihood of driving
    No likelihood of driving

    10. THE ‘FAILING’ OFFENCES
    Introduction
    The offences
    The elements of the offences
    The burden of proof
    The meaning of ‘fail’
    ‘Reasonable excuse’
    Circumstances which constitute reasonable excuse
    Whether requirement made
    Warning of the consequences of failure

    11. TRIAL, EVIDENCE, PROCEDURE
    Mode of trial
    The information
    Documentary evidence concerning specimens
    Disclosure
    The MG DD forms
    Adjournments
    Video recordings
    Identification
    The discretion to admit or exclude evidence
    Advice, assistance and representation
    The justices
    Re-opening the prosecution case
    Stay of proceedings
    Alternative verdicts
    Appeals

    12. PENALTIES
    The penalties
    Personal mitigation
    Guilty pleas
    Ancillary orders
    Purported rescission of sentence
    Costs

    13. SPECIAL REASONS FOR NOT DISQUALIFYING
    Introduction
    Evidence
    Special to the offence: the four criteria
    The seven-point checklist
    The distance driven and the degree of danger
    Emergencies
    Laced drinks
    Other special reasons
    Failing to provide specimens
    Argument available once only
    The discretion not to disqualify
    Summary

    Index

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