Causing Death Whilst Under the Influence of Drink/Drugs

If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and:

  • he is, at the time when he is driving, unfit to drive through drink or drugs, or
  • he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or
  • he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act, but without reasonable excuse fails to provide it, or
  • he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so,

he is guilty of an offence.

Duress & mechanical defect could amount to a defence to this charge.

This offence can only be dealt with by the Crown Court and if convicted the maximum sentence is 14 years’ imprisonment and/or a fine. In addition the Court must disqualify from driving for two years and endors, unless the court finds ‘special reasons’. The offence carries between three and 11 penalty points and mandatory retesting by way of an extended driving test is required. In some instances the Court can order the forfeiture of the motor vehicle used for the purpose of the crime.

McKenzies Solicitors, are experts in motoring law. We have a dedicated team who have over 60 years of combined experience in dealing with such matters. To discuss your case in more detail with a specialist soliictor please call or email using the form below.

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