Drink/Drug Driving Sections Flashcards
Section 1
Death by Dangerous Driving
A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
Section 1A
Causing Serious Injury by Dangerous Driving
A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
S2
Dangerous Driving
A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
S2B
Death by Careless or Inconsiderate Driving
A person who 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, is guilty of an offence.
S3
Driving without Due Care + Attention OR Reasonable Consideration
If a person drives 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, he is guilty of an offence.
S3A
Causing Death by Careless Driving whilst under the influence of Drink/Drugs
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 (Section 2B)
AND
He is, at the time when they are driving, unfit to drive through drink or drugs, (Section 4)
OR
He has consumed so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit (MPV must be a Motor Vehicle) (Section 5)
OR
He has in his body a specified controlled drug and the proportion of it in his blood/urine exceeds the prescribed limit for that drug (Section 5A)
OR
He is, within 18 hours after that time, required to provide a specimen in pursuance of Section 7 of the Road Traffic Ac 1988, but without reasonable excuse fails to provide it (Section 6(6))
OR
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 the Road Traffic Act 1988, but without reasonable excuse fails to do so. (Section 7)
He is guilty of an offence.
S35
Wanton + Furious (OAP Act 1861)
Whosoever having the charge of any carriage or vehicle shall by wanton or furious driving or racing or other wilful misconduct or wilful neglect do or cause any bodily harm to any person whatsoever, shall be guilty of an offence
S4(1)
Unfit through Drink/Drugs
A person who drives or attempts to drive or is in charge of a mechanically propelled vehicle on a road or public place, whilst unfit to drive through drink or drugs commits and offence.
5A
Being over prescribed Limit: Drugs
Where a person drives or attempts to drive or is in charge of a motor vehicle on a road or other public place and there is in that person’s body a specified controlled drug, they are guilty of an offence if the proportion of it in their blood or urine exceeds the prescribed limit for that drug.
S5
Over prescribed limit: Alcohol
Being over the Prescribed Limit: Alcohol
Section 5 Road Traffic Act 1988
A person who drives or attempts to drive or is in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit commits an offence.
S6
Requirement for preliminary test
Allows a Police Officer to require a breath test regardless of whether you are driving, or have been driving, or have been in charge, of a motor vehicle.
S6D(1)
Driver Exceeds alcohol limit
A Constable may arrest a person without warrant if, as a result of a preliminary breath test, the Constable reasonably suspects that the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit.
