The following Corporate Crime practice note Produced in partnership with Laura Stephenson of 2 Hare Court provides comprehensive and up to date legal information covering:
If a person drives or is in charge of a motor vehicle with a concentration of a specified controlled drug in their body which is above the legal limit, they will be guilty of an offence under section 5A of the Road Traffic Act 1988 (RTA 1988).
A person commits an offence if they:
drive, attempt to drive, or
are in charge of
a motor vehicle
on a road or other public place
with a concentration of a specified controlled drug in their body
and the proportion of that drug exceeds the specified limit
This offence can only be committed on or after 2 March 2015. It is a summary offence, which will be tried in the magistrates’ court, unless the case also involves other more serious charges.
This offence is distinct from the offence under the RTA 1988, s 4, (driving or being in charge of a vehicle while unfit to drive through drink or drugs). The key difference is that under section 4, the prosecution must show that the accused person’s driving was impaired by the consumption of drugs. The new offence under section 5A does not require the prosecution to prove anything about the standard of a person’s driving, only that the level of drugs in their body exceeded the legal limit.
The RTA 1988 does not define the word ‘driving’.
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