NCJ Number
78051
Date Published
1979
Length
182 pages
Annotation
This guidebook describes the procedure and substantive law relating to offenses involving drinking and driving motor vehicles in England.
Abstract
The bulk of the commentary on the substantive law deals with the 'breathalyzer' offenses. This is because the courts have strictly interpreted the statutory provisions governing these offenses, which define the manner in which the offenses are to be proved. Most of the offenses are defined in the Road Traffic Act of 1972. The discussion of pretrial procedures covers the initiation of proceedings; rules governing British, Commonwealth, and foreign servicemen; waiving summons; form of summons; venue; limitation of time; and legal aid. The hearing, evidence, and appeals are considered in the description of trial procedures. In the description of offenses under Section 6 of the Road Traffic Act, it is indicated that the prosecution must prove that the defendant drove or attempted to drive a motor vehicle on a road or public place with excess blood-alcohol or urine-alcohol content as ascertained from a laboratory test. A detailed commentary on Section 6 offenses is provided. Statutory procedure is described for the breath test, the arrest, the procedure at the police station, and the obtaining of breath tests and specimens of blood or urine from a person who is a hospital patient. The discussion of sentencing considers custodial sentences, noncustodial sentences, disqualification and endorsement, and special reasons and mitigating circumstances. The maximum period of imprisonment for an offense of driving or attempting to drive when unfit through drink or drugs is 6 months, as is that for driving with excess blood-alcohol. Noncustodial sentences include community service orders, compensation, probation, and fines. The court is required to disqualify the offender from driving for at least 12 months unless special reasons would mitigate this order. Driving licenses of offenders are endorsed to show convictions. Appended are the relevant sections of the Road Traffic Act, the endorsement and sentence codes, and suggestions for traffic offense penalties. An index is provided.