On a prosecution for causing death by dangerous driving, contrary to section 1 of the 1988 Act, the fact that the driver was adversely affected by alcohol was a relevant circumstance in determining whether he was driving dangerously.’The fact (if it be so) that an accused has ingested a large quantity of alcoholic drink is a circumstance within the knowledge of the accused. Accordingly, the statute requires that ‘regard shall be had’ to it.’
Judges:
Lord Taylor CJ
Citations:
Times 07-Dec-1994, [1995] 2 Cr App R 388, [1995] 3 All ER 79, [1995] RTR 130
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v McBride 1961
Evidence that a driver had been drinking was admissible when the driver faced a charge of dangerous driving. . .
Cited by:
Cited – Phipps, Regina v CACD 14-Jan-2005
The appellant had been convicted of driving with excess alcohol. After complaints by the injured victim’s family he was further prosecuted for dangerous driving. He now appealed his conviction, having pleaded guilty when the judge failed to find an . .
Cited – Webster v Regina CACD 3-Mar-2006
The appellant challenged his conviction for aiding an abetting the causing of death by dangerous driving as a passenger. The driver had been drunk.
Held: The mere intoxication of the driver was not of itself and alone sufficient to establish . .
Cited – Milton v Crown Prosecution Service Admn 16-Mar-2007
The defendant appealed his conviction for dangerous driving, saying that his special skills as a trained police driver should have been allowed for. He had driven on a motorway at average speeds of 148mph.
Held: His appeal was allowed. The . .
Cited – Bannister, Regina v CACD 28-Jul-2009
The defendant appealed his conviction for dangerous driving. As a police officer he had driven at over 110 mph on a motorway in the wet, lost control and crashed. He said that the fact that he had undertaken the police advanced drivers’ course . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence, Road Traffic
Updated: 25 October 2022; Ref: scu.88345