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

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1INTRODUCTION
1.1The background
1.2The offences
1.3The investigation
1.4Definitions
1.5Use of specimens in proceedings
1.6Trial
1.7Penalties
1.8The MG DD forms
1.9The Crown Prosecution Service
1.10Railways, tramways, shipping and aviation
2PRELIMINARY TESTS
2.1Introduction
2.2Stopping of vehicles
2.3Trespass and bad faith
2.4The prerequisites
2.5Preliminary breath test
2.6Preliminary impairment test
2.7Preliminary drug test
2.8Power of arrest
2.9Power of entry
2.10Time for caution
3BREATH SPECIMENS
3.1Introduction
3.2The power to require specimens
3.3The place at which specimens may be required
3.4The breath analysis device
3.5The procedure for requiring specimens
3.6Lower breath reading to be used
3.7Conclusion of the breath analysis procedure
4BLOOD AND URINE SPECIMENS
4.1Introduction
4.2The place at which specimens may be required
4.3Medical reasons why breath cannot be provided or should not be required
4.4Device unreliable, unavailable or impracticable to use
4.5Device not having produced a reliable indication
4.6Specimens for drug testing
4.7Relationship between blood and breath specimens
4.8Choice of specimen: blood or urine
4.9Time for providing urine specimen
4.10Failing without reasonable excuse to provide
4.11The statutory warning
4.12Consent to the taking of a blood specimen
4.13The procedure for making the requirement
4.14Taking and dividing the specimen
4.15The analysis
4.16Detention following the procedure
5INCAPACITY TO CONSENT AND HOSPITAL PATIENTS
5.1Persons incapable of consenting
5.2Hospital patients
6CAUSING DEATH
6.1Introduction
6.2Causing death
6.3Driving without due care and attention
6.4Driving inconsiderately
6.5Other persons
6.6Unfit or with excess alcohol or drugs
6.7Failure to provide specimens
7UNFITNESS TO DRIVE
7.1Introduction
7.2The meaning of ‘unfit to drive’
7.3Evidence of unfitness
7.4‘Drink or drugs’
7.5‘Drug’
7.6Arrest
7.7No likelihood of driving
8THE EXCESS ALCOHOL AND DRUGS OFFENCES
8.1Introduction
8.2‘Drives’
8.3Attempting to drive
8.4Motor vehicle
8.5Road
8.6Other public place
8.7Consuming
8.8The prescribed and specified limits
8.9The statutory assumption
8.10The exception to the statutory assumption
8.11‘Back calculations’
8.12Aiding and abetting
8.13Excess drugs: the medical defence
8.14The defence of duress or necessity
8.15The defence of insanity
9THE ‘IN CHARGE’ OFFENCES
9.1Introduction
9.2In charge
9.3Likelihood of driving
9.4No likelihood of driving
10THE ‘FAILING’ OFFENCES
10.1Introduction
10.2The offences
10.3The elements of the offences
10.4The burden of proof
10.5The meaning of ‘fail’
10.6‘Reasonable excuse’
10.7Circumstances which constitute reasonable excuse
10.8Whether requirement made
10.9Warning of the consequences of failure
11TRIAL, EVIDENCE, PROCEDURE
11.1Mode of trial
11.2The information
11.3Documentary evidence concerning specimens
11.4Disclosure
11.5The MG DD forms
11.6Adjournments
11.7Video recordings
11.8Identification
11.9The discretion to admit or exclude evidence
11.10Advice, assistance and representation
11.11The justices
11.12Re-opening the prosecution case
11.13Stay of proceedings
11.14Alternative verdicts
11.15Appeals
12PENALTIES
12.1The penalties
12.2Personal mitigation
12.3Guilty pleas
12.4Ancillary orders
12.5Purported rescission of sentence
12.6Costs
13SPECIAL REASONS FOR NOT DISQUALIFYING
13.1Introduction
13.2Evidence
13.3Special to the offence: the four criteria
13.4The seven-point checklist
13.5The distance driven and the degree of danger
13.6Emergencies
13.7Laced drinks
13.8Other special reasons
13.9Failing to provide specimens
13.10Argument available once only
13.11The discretion not to disqualify
13.12Summary

Index