The driver had a medical condition requiring him to avoid strenuous exertion. Driving uphill, his clutch failed, though he did not understand the problem. He rolled back to the kerb, and revved the engine. He knew he would be unable to push the car. He appealed against his conviction of attempting to drive a car inapable of propulsion by the engine.
Held: ‘If somebody is sitting at the driving seat of the car either attempting to start it or attempting to put it in gear or accelerating the engine to try to make the car go forward, he is attempting to drive it, and the fact that there is some intervening factor which in the end will prevent him from fulfilling his attempt does not prevent it from being an attempt to drive.’
Citations:
[1978] RTR 225, (1978) 67 Cr App R 136,
Cited by:
Cited – Director of Public Prosecutions v Moore Admn 2-Mar-2010
The defendant appealed by case stated from his conviction of attempting to drive a motor vehicle on a public road, having consumed alcohol in excess of the prescribed limit on the same occasion. At the time he was said to have attempted to drive, . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 04 May 2022; Ref: scu.450578
