Criminal Defence
Motoring Offences
Section 3 — Road Traffic Act 1988
Driving without Due Care and Attention (Careless Driving)
Section 3 of the Road Traffic Act 1988 relates to the offence of driving without due care and attention or without reasonable consideration for other users of the road or public place. Section 168 requires a person alleged to have committed this offence to give their details to any person having reasonable grounds for obtaining them.
Offences
If a person drives 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 public place, he is guilty of an offence.
Road Traffic Act 1988, s 3
Points to Prove
- ✓ drove mechanically propelled vehicle
- ✓ on road/other public place
- ✓ without due care and attention/reasonable consideration for other road users
Defences
The defences of automatism, unconsciousness and sudden illness, duress, sudden mechanical defect, assisting in the arrest of offenders, and taking part in an authorised motoring event may be used.
Traffic Fixed Penalty Notice (TFPN) £100 and licence endorsed with 3 penalty points
Allocation and Punishment
Discretionary disqualification, obligatory endorsement—3 to 9 penalty points
Maximum punishment 6 months imprisonment
Section 5 — Road Traffic Act 1988
Drive/Attempt to Drive/in Charge While Over the Prescribed/Specified Limit - Alcohol
Section 5 of the Road Traffic Act 1988 provides the offences of driving, attempting to drive, and being in charge of a motor vehicle on a road or public place while over the prescribed limit of alcohol in blood, breath, or urine.
Offences
If a person –
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
Road Traffic Act 1988, s 5(1)
Points to Prove
- ✓ drove/attempted to drive/in charge of motor vehicle
- ✓ on a road/public place
- ✓ proportion of alcohol in blood/breath/urine exceeded prescribed limit
Prescribed limit
For driving offences, the limits are:
• 35 microgrammes of alcohol in 100 millilitres of breath
• 80 milligrammes of alcohol in 100 millilitres of blood
• 107 milligrammes of alcohol in 100 millilitres of urine
Defence – Being in Charge
It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
Road Traffic Act 1988, s 5(2)
Allocation and Punishment
s 5(1)(a) offence 6 months’ imprisonment and/or a fine not exceeding level 5 on the standard scale
Obligatory disqualification, obligatory endorsement—3 to 11 penalty points
s 5(1)(b) offence 3 months’ imprisonment and/or a level 4 fine
Discretionary disqualification, obligatory endorsement—10 penalty points
Section 5A — Road Traffic Act 1988
Drive Motor Vehicle While Over the Specified (Drugs) Limit
Section 5A of the Road Traffic Act 1988 provides the offences of driving, attempting to drive, and being in charge of a motor vehicle on a road or public place while over the specified limit of a specified controlled drug in blood or urine.
Offences
(1) This section applies where a person (‘D’)—
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place, and there is in D’s body a specified controlled drug.
(2) D is guilty of an offence if the proportion of the drug in D’s blood or urine exceeds the specified limit for that drug.
Road Traffic Act 1988, s 5A
Points to Prove
- ✓ drove/attempted to drive/in charge of motor vehicle
- ✓ on a road/public place
- ✓ proportion of specified controlled drug in blood/urine
- ✓ exceeded specified limit for that drug
Specified controlled drug/limit
The Drug Driving (Specified Limits) Regulations 2014, reg 2 (SI 2868/2014) provides for the limits for various drugs.
Defences
(3) It is a defence for a person (‘D’) charged with an offence under this section to show that—
(a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
(b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
(c) D’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
(4) The defence in subsection (3) is not available if D’s actions were—
(a) contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or
(b) contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.
(5) If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(6) It is a defence for a person (‘D’) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D’s blood or urine remained likely to exceed the specified limit for that drug.
(7) The court may, in determining whether there was such a likelihood, disregard any injury to D and any damage to the vehicle.
Road Traffic Act 1988, s 5A
Allocation and Punishment
s 5A(1)(a) offence 51 weeks’ imprisonment and/or a level 5 fine
Obligatory disqualification, obligatory endorsement—3 to 11 penalty points
s 5A(1)(b) offence 51 weeks’ imprisonment and/or a level 4 fine
Discretionary disqualification, obligatory endorsement—10 penalty points
Section 87 — Road Traffic Act 1988
Driving Not in Accordance with a Driving Licence
Section 87 of the Road Traffic Act 1988 requires all people driving a motor vehicle on a road to hold a driving licence for that class of vehicle and to comply with any conditions attached to it.
Offences
(1) It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class.
(2) It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class.
Road Traffic Act 1988, s 87
Points to Prove
s 87(1) offence
- ✓ drove motor vehicle
- ✓ on a road
- ✓ otherwise than in accordance with licence
- ✓ authorising driving of that class of vehicle
s 87(2) offence
- ✓ caused/permitted
- ✓ another person to commit s 87(1) offence
Traffic Fixed Penalty Notice (TFPN)
Allocation and Punishment
Maximum 6 months imprisonment
s 87(1) offence Level 3 fine. Discretionary disqualification, obligatory endorsement—3 to 6 penalty points
s 87(2) offence Level 3 fine
Section 103 — Road Traffic Act 1988
Driving While Disqualified
Obtain licence/drive on a road—while disqualified
Section 103 of the Road Traffic Act 1988 creates the offences of obtaining a driving licence while disqualified from driving and driving a motor vehicle on a road while so disqualified.
Offences
A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he—
(a) obtains a licence, or
(b) drives a motor vehicle on a road.
Road Traffic Act 1988, s 103(1)
Points to Prove
- ✓ while disqualified for holding/obtaining a licence
- ✓ obtained a licence/drove a motor vehicle on a road
Meanings
Disqualified
Means disqualified for holding or obtaining a licence and, where the disqualification relates only to vehicles of a particular class, a licence to drive vehicles of that particular class.
Allocation and Punishment
s 103(1)(a) offence Level 3 fine
s 103(1)(b) offence 6 months’ imprisonment and/or a fine not exceeding level 5
Discretionary disqualification, obligatory endorsement—6 penalty points
Ready for Legal Support?
If you’re facing serious allegations, our team is here to provide expert support. Let us help safeguard your rights.