The accused, who was alleged to have been driving a motor car, had been walking beside it as it ran down a slight incline, and had steered it by placing his hand on the wheel. The car had run out of petrol.
Held: The question turned on whether the defendant was ‘in a substantial sense controlling the movement and direction of the car,’ and held that this test was satisfied.
1969 JC 1
England and Wales
Cited by:
Cited – Regina v MacDonagh CA 1974
The Road Traffic Acts do not define the word ‘drive’ and in its simplest meaning it refers to a person using the driver’s controls for the purpose of directing the movement of the vehicle. It matters not that the vehicle is not moving under its own . .
Cited – Hoy v McFadyen HCJ 2000
The accused was charged with driving whilst disqualified. He had been in the driver’s seat and had started the engine. On turning off the engine the car lurched forward slightly. The handbrake was defective and would not hold the car on a slope. To . .
Cited – Director of Public Prosecutions v Alderton Admn 25-Nov-2003
The defendant had been found sat in his car. He had been spinning its wheels, but not moving. The prosecutor appealed against dismissal of a charge of attempting to drive whilst under the influence of alcohol.
Held: The appeal succeeded. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.189934