The following Corporate Crime practice note produced in partnership with Red Lion Chambers provides comprehensive and up to date legal information covering:
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 drive with excess alcohol or drugs
being in charge of a motor vehicle with excess alcohol or drugs
driving or attempting to drive while unfit, and
being in charge of a motor vehicle while unfit
All of the offences are summary-only offences. This Practice Note deals with driving impairment offences due to excess alcohol. For drug related driving impairment offences, see Practice Note: Driving, or being in a charge of, a motor vehicle with concentrations of specified controlled drugs in excess of specified levels.
The prosecution must prove:
the defendant was driving
on a road or other public place
a motor vehicle
after consuming alcohol so that the proportion in their breath, blood or urine
exceeded the prescribed limits
The term driving is not defined in the RTA 1988 but the courts have held that the act of driving is a physical one which can only be performed by a person. The Divisional Court has held that the term does not apply to a limited company. (Richmond London Borough Council v Pinn and Wheeler)  RTR 354.
In R v MacDonagh, the Court of Appeal said that the essence of driving was the
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