The Drink- and Drug-Drive Offences: A Handbook for Practitioners

The third edition of this work takes account of forty judgments of the appellate courts since the publication of the second edition, focusing on common problems in contested drink- and drug-driving cases. It emphasizes the importance of diligence in preparation for trial and scrutinizing applications for adjournments, as well as the use of judicial review to challenge decisions of the lower courts. The commentary on difficult cases has been revised to emphasize that neither case sets a precedent for the admission in evidence of blood specimens taken outside the regime of the 1988 Act.

Format: Hardback
Length: 400 pages
Publication date: 30 April 2024
Publisher: Wildy, Simmonds and Hill Publishing

The drug-driving offences have gained prominence since the second edition of this work was published, with convictions now accounting for almost as many as excess alcohol offences. The conviction rate for both groups of offences remains extremely high, at approximately 95%. This third edition incorporates forty appellate court judgments since the second edition, reflecting the evolving interpretation of statutory road traffic provisions. While the interpretation of the law continues to develop through case law, other issues have come to the fore. Common problems in contested drink- and drug-driving cases include a lack of diligence in preparation for trial and a failure to scrutinise applications for adjournments. The appellate courts have applied the Criminal Procedure Rules to avoid delay and have insisted on rigorous scrutiny of requests for adjournments. Judicial review has been increasingly used to challenge decisions of the lower courts, and the case law on when this route is appropriate has been drawn together. The commentary on the difficult cases of DPP v Carless [2005] EWHC 3234 (Admin) and R v Coe [2009] EWCA Crim 1452 has been revised to emphasise that neither case sets a precedent for the admission in evidence of blood specimens taken outside the regime of the 1988 Act. This practical and accessible book is intended for all practitioners concerned with this area of law, whether police, prosecution, defence, or court officials, and adopts a neutral standpoint between their various interests.

Weight: 712g
Dimension: 158 x 235 x 29 (mm)
ISBN-13: 9780854903023
Edition number: 3 Revised edition