The defendant was found by police sat in the driving seat of a car parked on an isthmus which would be submerged at high tide. The engine was running, and the car lights were on. He failed a breath test, but argued at trial that since the car had not been moving, he could not be said to have been driving. It was held that the question of whether he was still driving was one of fact and degree. In this case he could properly be said to have been driving. The appeal was allowed on other grounds. A distinction is to be made where premises are occupied by a large number of people – even if there has been a condition of entry for those people, the premises will be a ‘public place’.
Pill LJ, Silber LJ
Gazette 05-Jul-2001, Times 17-Aug-2001, [2002] RTR 9, [2001] EWHC 450 (Admin)
Bailii
Road Traffic Act 1988 5(1)
England and Wales
Citing:
Explained – Director of Public Prosecutins v Vivier QBD 1991
There had been a traffic accident in a large privately owned caravan park.
Held: Premises will be private where they are entered for reasons beneficial to the occupier. Referring to Harrison v Hill: ‘What Lord Sands, and indeed Lord Clyde, say . .
Cited by:
Cited – May v Director of Public Prosecutions Admn 15-Apr-2005
Whether the car park where the driving took place was a ‘public place’ within the meaning of section 3.
Held: The appeal failed.
Laws LJ set out the following propositions as accurately summarising the relevant legal principles:
a. . .
Cited – Hughes, Regina v SC 31-Jul-2013
Uninsured Driver Not Guilty of Causing Death
The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convicted of causing his death whilst uninsured. At trial he succeeded in . .
Lists of cited by and citing cases may be incomplete.
Crime, Road Traffic
Updated: 10 December 2021; Ref: scu.84759
