Causing Death by Careless Driving when under the influence of Drink or Drugs Flashcards
Q: What is the offence of causing death by careless driving when under the influence of drinks or drugs?
S3A RTA 1988
(1) If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and—
(a) he is, at the time when he is driving, unfit to drive through drink or drugs, or
(b) he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or
(ba) he has in his body a specified controlled drug and the proportion of it in his blood or urine at that time exceeds the specified limit for that drug, or
(c) he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act, but without reasonable excuse fails to provide it, or
(d) he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so,
he is guilty of an offence.
There appear to be 5 different forms of the offence!
Q: Which sections apply to MPV’s and which apply to motor vehicles?
(3) Subsection (1)(b) (ba) (c) and (d) above shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.
Q: What type of offence is it?
Indictable offence.
Life imprisonment.
Obligatory disqualification- minimum 3 years
Extended driving test before getting licence back
Q: When is someone taken to be unfit to drive?
S3A RTA 1988
(2) For the purposes of this section a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired.
Q: Which offences apply to which types of vehicle?
s. 3A(1)(b), (ba), (c) and (d) apply only where the driving is of a ‘motor vehicle’, but the offence under s. 3A(1)(a) may be committed while driving any ‘mechanically propelled vehicle’. The of-fence under (a) is, at the time when he is driving, unfit through drink or drugs.
Eg: dumper truck in car park cannot commit offences for motor vehicles.
Q: What 5 things need to be proved for this offence? S3A(1)(a)?
1: Must have taken place on a road or public place
2: Must be the death of another (not the driver)
3: That death needs to be caused by either careless or inconsiderate driving
4: Show the driver was unfit through drink or drugs
- Prosecution must be able to evidence such impairment. Witness evidence may be sufficient.
5: Must be an MPV
Q: Example- s3A(1)(a) offence
Eg: forklift in field used for village event (public place), driver has been drinking all day and reverses into old lady and kills her.
Provided his driving is careless and inconsiderate and it can be proved he was unfit through drink or drugs, he has committed the (a) offence.
It must be proven that he was ‘unfit’ as he cannot be guilty of any of the other forms of impairment- they relate to motor vehicles. A forklift is not a motor vehicle.
Q: What does the death need to result from?
Death does not need to result from this impairment.
The death must result from careless and inconsiderate driving (and it just so happens that the driver was under the influence of drink or drugs).
Q: What are the other 4 forms of the offence? (b), (ba), (c) and (d)
1: Must be the death of another (not the driver)
2: That death needs to be caused by either careless or inconsiderate driving
3: Must be a MV
4: D has:
- Failed breathalyser (b)
- Failed a drugs wipe (ba)
- Fails to provide specimen of breath (c)
- Fails to allow bloods to be taken (d)
Q: What does the wording of s3A(1)(c) suggest?
The wording in s. 3A(1)(c) seems to indicate that the request to provide a specimen must be made within 18 hours after the driving which caused the death and not after the death itself.
