Law and Rights
From 5th December, the alcohol limit for driving in Scotland has been reduced - see Scottish Government - Lower Drink Drive limits and also Scottish Government - New Drink drive limit. It appears that prosecutions are likely to be brought even in marginal cases where the reading is just above the limit - Why the new Scottish Drink Drive Limits are even tougher than you think.
The relevant Scottish legislation is the Road Traffic Act 1988 (Prescribed Limit)(Scotland) Regulations 2014 and the new limits are:
a) 22 microgrammes of alcohol in 100 millilitres of breath ... 35;
b) 50 milligrammes of alcohol in 100 millilitres of blood ... 80
c) 67 milligrammes of alcohol in 100 millilitres of urine ... 107
The figures in red show the corresponding limits for England, Wales and Northern Ireland.
For England and Wales, the Crown Prosecution Service (CPS) offers this guidance - Drink Driving Offences
In England and Wales, the excess alcohol offences (Road Traffic Act 1988 section 5) is triable summarily in the Magistrates' Court - see the sentencing guidelines at page 124 of the Sentencing Guidelines document. The offender's driving licence must be endorsed and a minimum disqualification of 12 months imposed. In some situations the minimum disqualification must be higher. The actual sentence imposed will vary according to the actual alcohol reading from Band C fine at the lower end to 26 weeks imprisonment at the higher end. The surcharge provisions will apply as well as court costs. Even when the offender's disqualification ends, a vastly increased insurance premium is inevitable.
Many defendants charged with excess alcohol offences find that they do not qualify for legal aid to cover representation in the Magistrates' Court. This is because legal aid is subject to a double test: (a) interests of justice and (b) means.
I have no doubt that it will not be long before the rest of the UK comes into line with Scotland and, for that matter, most of EU.
- Driving ~ Fixed Penalties
On 16th August, careless driving (Road Traffic Act 1988 s.3) became an offence for which a fixed penalty notice can be issued - Government announcement. The fixed penalty for careless driving is now £100 with 3 points on the driver?s licence....
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The excellent Crimeline has drawn attention to two recent decisions of the Court of Appeal (Criminal Division) concerning causing death by dangerous driving and causing death by careless driving. Both were appeals against sentence. ...
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In February 2010, the Police power to impound vehicles considered by them to be uninsured was noted - see Police Powers No.1 (16th February 2010). The Manchester Evening News has now noticed that fines for driving without insurance do not usually come...
- It's A No To Av .... But .... What Lies Ahead?
Parliament of the United KingdomThe referendum held on 5th May resulted in a decisive rejection of the "Alternative Vote" (AV) as a method of electing the House of Commons - "AV referendum: Britain overwhelmingly votes NO." 68% voted against AV...
- Corners Of The Criminal Law 1 - Strict Liability - Is It Fair?
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Law and Rights
"Drink / drive" ~ lower limits apply in Scotland
The relevant Scottish legislation is the Road Traffic Act 1988 (Prescribed Limit)(Scotland) Regulations 2014 and the new limits are:
a) 22 microgrammes of alcohol in 100 millilitres of breath ... 35;
b) 50 milligrammes of alcohol in 100 millilitres of blood ... 80
c) 67 milligrammes of alcohol in 100 millilitres of urine ... 107
The figures in red show the corresponding limits for England, Wales and Northern Ireland.
For England and Wales, the Crown Prosecution Service (CPS) offers this guidance - Drink Driving Offences
In England and Wales, the excess alcohol offences (Road Traffic Act 1988 section 5) is triable summarily in the Magistrates' Court - see the sentencing guidelines at page 124 of the Sentencing Guidelines document. The offender's driving licence must be endorsed and a minimum disqualification of 12 months imposed. In some situations the minimum disqualification must be higher. The actual sentence imposed will vary according to the actual alcohol reading from Band C fine at the lower end to 26 weeks imprisonment at the higher end. The surcharge provisions will apply as well as court costs. Even when the offender's disqualification ends, a vastly increased insurance premium is inevitable.
Many defendants charged with excess alcohol offences find that they do not qualify for legal aid to cover representation in the Magistrates' Court. This is because legal aid is subject to a double test: (a) interests of justice and (b) means.
I have no doubt that it will not be long before the rest of the UK comes into line with Scotland and, for that matter, most of EU.
- Driving ~ Fixed Penalties
On 16th August, careless driving (Road Traffic Act 1988 s.3) became an offence for which a fixed penalty notice can be issued - Government announcement. The fixed penalty for careless driving is now £100 with 3 points on the driver?s licence....
- Driving Resulting In Death
The excellent Crimeline has drawn attention to two recent decisions of the Court of Appeal (Criminal Division) concerning causing death by dangerous driving and causing death by careless driving. Both were appeals against sentence. ...
- Uninsured Vehicles
In February 2010, the Police power to impound vehicles considered by them to be uninsured was noted - see Police Powers No.1 (16th February 2010). The Manchester Evening News has now noticed that fines for driving without insurance do not usually come...
- It's A No To Av .... But .... What Lies Ahead?
Parliament of the United KingdomThe referendum held on 5th May resulted in a decisive rejection of the "Alternative Vote" (AV) as a method of electing the House of Commons - "AV referendum: Britain overwhelmingly votes NO." 68% voted against AV...
- Corners Of The Criminal Law 1 - Strict Liability - Is It Fair?
A basic rule in English criminal law is that, in order to convict a person, it is necessary to prove mens rea (i.e. either intention of recklessness) or, for a limited number of offences, negligence. In the event that none of those things has to...