Drink And Drug Drive Case Notes

Author : Pauline M. Callow
Publisher :
ISBN 13 : 9780854901685
Total Pages : 0 pages
Book Rating : 4.8X/5 ( download)

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Download or read book Drink and Drug Drive Case Notes written by Pauline M. Callow and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many thousands of people are prosecuted each year for drink and drug driving offences. The legislation favours the prosecution in a number of ways, for example, by requiring those under investigation to give evidence against themselves in the form of specimens of breath, blood or urine, but also affords certain safeguards to suspects. The conviction rate is exceptionally high, and the provisions have given rise to a wealth of case law.Drink and Drug Drive Case Notes comprises summaries of the many cases on drink driving, and the fewercases on drug driving, which have come before the High Court, the Court of Appeal, the House of Lords and, in one instance, the Supreme Court. Over six hundred judgments are summarised. Each note is presented as a short statement of the facts of the case, the question(s) put to the appeal court and an extract from the judgment. The notes are intended to provide a broad outline of the trends in the case law and as starting points for readers seeking guidance on particular issues.This third edition includes notes of some seventy-five cases decided since the second edition was published. Themes running through the new cases include the interpretation of the provisions on reasonable cause to believe that the breath analysis device has not produced a reliable indication of the suspect's breath alcohol level, and on the application of the Criminal Procedure Rules to proceedings for drink and drug driving. At the time of publication, the so-called "statutory option" has just been removed, and section 5A of the Road Traffic Act 1988, creating new offences of driving, attempting to drive, and in charge, with a concentration of a specified controlled drug above a specified limit, has come into force. The offences are framed in much the same terms of the excess alcohol offences, but testing will be by the analysis of blood or urine only. While much of the case law concerning drink-driving will be relevant, the new provisions will no doubt give rise to their own body of case law in due time.Drink and Drug Drive Case Notes was first published, as Drink Drive Case Notes, as a product of collaboration between Lion Laboratories - the manufacturers of much of the breath-testing equipment used in the UK and throughout the world - and the author. This expanded and updated edition of Drink and Drug Drive Case Notes will prove a useful reference for police, prosecutors, defenders and legal advisers."As a reference guide, this is an extremely helpful addition to a legal adviser's kitbag." The Justices' Clerk, of the first edition"[A]n extremely useful complement to any standard text book on drink driving matters. I would commend it not only to defence lawyers but also to those who prosecute in this area of law."Solicitors Journal, of the second edition

Author : Pauline M. Callow
Publisher :
ISBN 13 : 9781898899921
Total Pages : 591 pages
Book Rating : 4.24/5 ( download)

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Download or read book Drink Drive Case Notes written by Pauline M. Callow and published by . This book was released on 2007 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drink Drive Case Notes comprises summaries of the drink drive cases which have come before the High Court, the Court of Appeal and the House of Lords over the past twenty years. Nearly 600 cases are summarised, almost one third of which are not otherwise reported. Each note is presented as a short statement of the facts of the case, the question(s) put to the appellate court, and an extract from the judgement. The notes are intended to provide starting points for those seeking guidance on particular aspects of this dense and complex area of law.

Author : P.M. CALLOW
Publisher : Wildy, Simmonds & Hill Publishing
ISBN 13 : 9780854903023
Total Pages : 0 pages
Book Rating : 4.2X/5 ( download)

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Download or read book The Drink- And Drug-Drive Offences: A Handbook for Practitioners written by P.M. CALLOW and published by Wildy, Simmonds & Hill Publishing. This book was released on 2024-04-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the second edition of this work was published, the drug-driving offences have come into their own. These offences, introduced in 2015, now account for almost as many convictions as the excess alcohol offences. The conviction rate for both groups of offences continues to be extremely high, at approximately 95 per cent. This third edition takes account of some forty judgments of the appellate courts since the publication of the second edition. While the interpretation of the statutory road traffic provisions continues to be developed in the case law, other issues are coming to the fore. Common problems in contested drink- and drug-driving cases are lack of diligence in preparation for trial and/or failure properly to scrutinise applications for adjournments. The appellate courts have robustly applied the Criminal Procedure Rules aimed at avoiding delay and have remained constant in insisting on "rigorous scrutiny" of requests for adjournments. Judicial review is increasingly used to challenge decisions of the lower courts; the case law on the circumstances in which this route is appropriate has been drawn together. In this edition, the commentary on the difficult cases of Carless [2005] EWHC 3234 (Admin) and Coe [2009] EWCA Crim 1452 has been revised to emphasise that neither case sets a precedent for the admission in evidence of the analysis 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.

Author : Great Britain: Parliament: House of Commons: Transport Committee
Publisher : The Stationery Office
ISBN 13 : 9780215555458
Total Pages : 152 pages
Book Rating : 4.57/5 ( download)

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Download or read book Drink and drug driving law written by Great Britain: Parliament: House of Commons: Transport Committee and published by The Stationery Office. This book was released on 2010-12-02 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: 18% of all drivers killed in road accidents are over the drink-drive limit (In 2007, based on coroners' data.) but only approximately 3% of drivers in the UK are stopped and tested for alcohol compared to the European average of 16%.. This report calls for the police to be given an additional power to permit preliminary breath tests as part of any designated drink drive enforcement operation. Currently, the police may stop any vehicle but can only test the driver's breath if there is an element of suspicion. There is concern that a reduction in the blood alcohol concentration limit would send out mixed messages but that the aimed for effectively zero limit is too great a step at present. Instead, concentration should be on stricter enforcement of the current limit and public education. It is felt that the success of Great Britain's drink driving policy to date is largely attributable to the deterrent effect of the current 12-month mandatory disqualification penalty and the Committee supports retaining that penalty. The committee also calls for the improvement of the detection of drug driving and to strengthen public perception about the likelihood of drug drivers being caught by the police. The Government's commitment to install drug screening devices in every police station by 2012 is welcomed though this interim measure should not eclipse the Government's aim over the medium-term to develop and type-approve a drug screening device for use at the roadside, drawing on relevant experience of doing this in the other parts of the world

Author : Pauline M. Callow
Publisher : Wildy, Simmonds & Hill Publishing
ISBN 13 : 9780854900756
Total Pages : 350 pages
Book Rating : 4.56/5 ( download)

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Download or read book The Drink-drive Offences written by Pauline M. Callow and published by Wildy, Simmonds & Hill Publishing. This book was released on 2010-06-17 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Drink-Drive Offences provides a practical, comprehensive, accessible and up-to-date account of this broad and intriguing area of law. It traces the procedure from preliminary testing to penalties, taking the legislative provisions in sequence and explaining the effects of the case law.

Author : P. M. Callow
Publisher : Wildy, Simmonds & Hill Publishing
ISBN 13 : 9780854902590
Total Pages : 0 pages
Book Rating : 4.97/5 ( download)

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Download or read book The Drink- and Drug-Drive Offences: A Handbook for Practitioners written by P. M. Callow and published by Wildy, Simmonds & Hill Publishing. This book was released on 2018-10-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions on drink-and drug- driving, and their statutory predecessors, have undoubtedly contributed to greater road safety. The conviction rate is extremely high, running at 95 per cent. The consequences of conviction for a drink- or drug-drive offence go beyond the immediate penalty of a fine, a community penalty or imprisonment. They include disqualification from driving, which may not simply inconvenience the offender, but may lead to loss of employment and, in due course, to greatly increased insurance premiums. Since the first edition of this book was published in 2011, there have been two major changes. First, the new s 5A of the Road Traffic Act 1988 came into force in March 2015 and created the offences of driving, attempting to drive or being in charge with a concentration of a specified controlled drug above the specified limit for that drug. This new edition includes a new chapter which describes the new offence. As far as possible, the provisions under s 5A mirror those relating to excess alcohol, but the seventeen drugs in question are very different from alcohol, and from each other. The law on s 5A is no doubt set to develop over the years to come. Secondly, the so-called 'statutory option' has been removed (except in Northern Ireland, the Isle of Man and the Channel Islands). The new edition of The Drink- and Drug-Drive Offences: A Handbook for Practitioners (formerly The Drink-Drive Offences) provides a practical, comprehensive, accessible and up-to-date account of this broad area of law. The book brings together the statutory provisions and the case law on the drink-drive offences, elucidating issues which are often surprisingly difficult. It is intended for all practitioners concerned with this area of law, whether police, prosecution or defence, and adopts a neutral standpoint between their various interests.

Author : Peter Machin North
Publisher :
ISBN 13 : 9781848640993
Total Pages : 284 pages
Book Rating : 4.94/5 ( download)

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Download or read book Report of the Review of Drink and Drug Driving Law written by Peter Machin North and published by . This book was released on 2010 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Howard Riddle
Publisher : Waterside Press
ISBN 13 : 1909976687
Total Pages : 257 pages
Book Rating : 4.89/5 ( download)

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Download or read book Essential Magistrates’ Courts Law written by Howard Riddle and published by Waterside Press. This book was released on 2019 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this concise and valuable book the authors distil their vast expertise for the benefit of all those needing quick and targeted points of reference on key aspects of magistrates’ court law, whether as newcomers, justices, legal advisers, or criminal practitioners. Hugely informed and presented in an accessible format, it explains the central law, practice and procedure of these courts. The framework of summary justice has changed comprehensively in the past decade in terms of evidence, procedure, guidelines, sentencing, training and the fair but efficient expedition of cases. This book sets out these developments as well as inescapable aspects of case management. Gathers core information in one place. Sets out key processes in a manageable and readable way. Reviews 'Readable and blissfully concise... There are some nuggets for every reader, however much we might think we know... An excellent addition to the bookshelf at a modest price'-- The Law Society Gazette (external link). ‘Howard Riddle and Robert Zara have effectively produced a must-read for any judge, magistrate or lawyer practising in the magistrates’ courts. This book will become the reference book to carry to court … We thoroughly recommend it to all new judges, deputies and magistrates’— Emma Arbuthnot, Senior District Judge (Chief Magistrate) for England and Wales; John Bache, Chairman of the Magistrates Association; Duncan Webster, Chairman, Magistrates’ Leadership Executive. ‘A very clear, succinct and practical guide which would be of great value to a pupil or junior practitioner finding their feet’— Anna Banfield, BPP. ‘How useful your book is and how clear and well written I have found it. Undoubtedly an extremely useful resource’— Tom Lees JP, Greater Manchester.

Author : Rowena Johns
Publisher :
ISBN 13 : 9780731317721
Total Pages : 58 pages
Book Rating : 4.26/5 ( download)

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Download or read book Drink Driving and Drug Driving written by Rowena Johns and published by . This book was released on 2004 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Arthur James Wells
Publisher :
ISBN 13 :
Total Pages : 870 pages
Book Rating : 4.53/5 ( download)

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Download or read book The British National Bibliography written by Arthur James Wells and published by . This book was released on 2007 with total page 870 pages. Available in PDF, EPUB and Kindle. Book excerpt: