Foreword
Preface
Contributors
Table of Statutes
Table of Statutory Instruments
Table of Cases
Part 1 Introduction
1 Survival guide
Introduction
General preparation
Some common challenges and issues
2 Definitions of a vehicle and a road
What is a vehicle?
What is a road?
Part 2 Procedure
3 βHow to be legalβ
Standard requirements
The driving test β theory and practical
Offences
Possession of a false driving licence
4 Licences
Learner drivers
New drivers
Requirement to produce driving licence
Disease or disability
Appeal
Licence offences
5 Basic procedure
Getting to court
The court process
Evidence
The trial
Trial in absence
Adjournments
Sentencing
Appeal
6 Journey of cases through the courts
Practical advice for the advocate
Driving courses
Part 3 Offences
7 Speeding
Maximum points
Speed awareness courses
8 Acquisitive offences
Offences
Theft of a vehicle, or taking a vehicle without consent? The difference
Theft of a vehicle (Theft Act 1968, s 7)
Taking a motor vehicle or other conveyance without authority (Theft Act 1968, s 12)
Defence to TWOC (Theft Act 1968, s 12(6))
Aggravated vehicle taking (aggravated TWOC) (Theft Act 1968, s 12A)
Interfering with a vehicle (Criminal Attempts Act 1981, s 9)
9 Regulatory offences
Construction of vehicles and their usage
Loads
Lighting
Test certificates
Seat belts
Protective headgear
10 Drink/drug driving
Introduction
The principal offences
Excess alcohol
Excess drugs
Breath procedure
Blood/urine procedure at the station
Urine
Hospital patients
Post-incident consumption of alcohol or drugs; back-calculation
Driving or attempting to drive or being in charge of any mechanically propelled vehicle whilst unfit (RTA 1988, s 4)
Being in charge of a vehicle with excess alcohol or whilst unfit
The statutory defence to βin chargeβ or βforward-calculationsβ
Failure to provide a specimen (RTA 1988, s 7)
The MG/DD forms
Sentencing
Special reasons
Reduction of disqualification
Suspension of disqualification pending appeal
Removal of disqualification
11 Careless driving
Introduction
Elements of the offence
Sentence
Appeal
12 Dangerous driving
Elements
The difference between dangerous and careless driving
Allocation
Alternative verdicts
Sentencing
13 Wanton or furious driving
Definition
Elements of the offence
Sentencing range
14 Dangerous driving causing serious injury
Elements
Defences
Allocation
Alternative verdicts
Sentencing
Ancillary orders
Postscript
15 Causing death by dangerous driving or careless driving
Causing death by dangerous driving (RTA 1988, s 1)
Causing death by careless or inconsiderate driving (RTA 1988, s 2B)
Causing death by careless or inconsiderate driving when under the influence (RTA 1988, s 3A)
16 Defences
Driving with excess alcohol and drug offences (RTA 1988, ss 4, 5 and 5A)
Failing to co-operate with a preliminary breath test (RTA 1988, s 6(6)) and failing to provide a specimen of blood, breath or urine (RTA 1988, s 7(6))
Duress and necessity
Non-insane automatism
Part 4 Experts
17 Expert Reports
Types of expert report
Funding
How to obtain an expert report
Service of expert reports
How to handle expert witnesses at trial
Part 5 Sentencing
18 Opening a case for sentence
The facts
The defendantβs antecedents and driving record
Sentencing guidelines
Ancillary orders
19 Mitigation
Pre-sentence reports
20 Special reasons, mitigating circumstances and exceptional hardship
Introduction
Special reasons
Mitigating circumstances
Exceptional hardship
21 Penalty points
Penalty points and endorsement of a driving licence
Disqualification
Suspension pending appeal
Loss of licence within the first two years
22 Mandatory disqualification
23 Summary tables of road traffic offences
Driving offences
Dishonesty offences
Vehicle offences
Document offences
Goods vehicle offences
Part 6 Miscellaneous
24 An introduction to goods vehicles
Driverβs hours rules
GB domestic driverβs hours rules
Falsification of driverβs hours records
Sentencing guidelines
25 Taxis
Hackney carriages
Private hire vehicles
Index