Proving the identity of the driver Where the court is satisfied that accused was served with a notice under section 172 of the Road Traffic Act 1988 (RTA 1988) and the...
Consent to specimens of blood and urine at the police station The police have the power to request a sample of blood or urine instead of a specimen of breath if one of...
The offence of aggravated vehicle-taking A person is guilty of aggravated vehicle taking if: • they take a conveyance without the owner's or other lawful authority's...
Definition of automatism An act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done...
This Practice Note explains how the proportion of alcohol in a driver’s system at the time they were driving, rather than at the time that the breath or lab blood or...
Careless or inconsiderate driving If a person drives a car carelessly or without consideration for other road users they may be guilty of careless and...
STOP PRESS: The Sentencing Council has published offence specific guidelines for courts sentencing offences previously covered by a Definitive Guideline. The offence...
STOP PRESS: The Sentencing Council has published offence specific guidelines for courts sentencing offences previously covered by a Definitive Guideline. The offence...
The offence of dangerous driving Dangerous driving contrary to section 2 Road traffic Act 1988 (RTA 1988) is an offence that can be tried in the Crown Court or the...
Causing death by careless or inconsiderate driving If a person drives a car carelessly or without consideration for other road users and their driving causes the death of...
STOP PRESS: The Sentencing Council has published offence specific guidelines for courts sentencing offences previously covered by a Definitive Guideline. The offence...
Defendant to raise their defence A number of defences may apply in road traffic cases. These include: • automatism • insanity • duress and necessity, and • the 'hip...
Discretionary power to disqualify from driving The principal statutes that govern discretionary disqualification are the Road Traffic Offenders Act 1988 (RTOA 1988) and...
Driving disqualification for any offence Where the Crown Court or a magistrates’ court convicts an offender of any offence it may, instead of or in addition to dealing...
The Road Traffic Act 1988 (RTA 1988) creates a number of alcohol and drug related offences. The principal ones are: • driving with excess alcohol or drugs • attempting to...
Police powers and preliminary tests Under the Road Traffic Act 1988 (RTA 1988) there are three types of preliminary tests. These are: • a breath test administered by the...