This course will be of benefit to anyone involved in advising in the area of driving, attempting to drive or being in charge whilst under the influence of alcohol or drugs or impaired in some manner. It will consider the offence introduced by Section 56 and Schedule 22 of the Crime and Courts Act 2013 (Section 5A of the Road Traffic Act 1988) and the statutory defence within the legislation.
The following items are merely a selection of that which will be covered during this half-day afternoon course:
- How the offence created in March 2015 concerning drugs fits into the existing ‘impaired/unfit’ regime
- Case-management once a ‘not guilty’ plea has been entered – the PET form and the recent High Court decisions on the point
- The offences and defences in relation to excess alcohol and drugs
- ‘Driving’, ‘attempting to drive’, ‘in charge’ – an analysis of these terms
- Disqualifications, both discretionary and mandatory in this area of law
- Special Reasons
- The Case-law concerning medical emergencies, shortness of distance driven, laced drinks
- Newton Hearings and the Statutory Assumption within Section 15 of the RTOA 1988
- Failing to provide a specimen other than at a Police Station – Offences and Defences
- Failing to provide a specimen at the Police Station – Offences and Defences
- Who is paying for all of this? Costs Orders and private paying clients
- High Risk Offenders and getting the driving licence back
- The demise of the Statutory Option!
- Needle phobia – the case-law interpreting the meaning of a ‘reasonable excuse’