Course description
Whilst many drink and drugs driving offences can be relatively straightforward, there are still a number of important factors to consider for both the defence or prosecution of such cases.
Colin Beaumont presents this live and interactive broadcast which will explore the more complex issues that can arise in relation to these types of offences.
It will cover the circumstances in which the court should consider the imposition of between 3 and 11 penalty points in this area of the law, the statutory assumption in favour of the Crown when dealing with alcohol cases, the starting point for a disqualification in a drug driving case, and more.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
This virtual classroom seminar will explore the trickier issues surrounding drink and drugs driving offences. This is not a simple area and problems can arise with cases that look to be as simple as a guilty plea.
These issues only mount when a not guilty plea is entered.
The seminar is aimed at both the defence and prosecution.
What You Will Learn
This live broadcast will cover the following:
- The circumstances in which the court should consider the imposition of between 3 and 11 penalty points in this area of law
- The statutory assumption in favour of the Crown when dealing with alcohol cases - there being no such statutory assumption when dealing with drugs cases
- The starting point for a disqualification in a drug driving case - is it 12 months, or is it 24 months?
- The circumstances, as pointed out by the Sentencing Council guidance, in which one drug produces 2 results upon analysis - this is not poly drug use
- Newton hearings in this area of law following a guilty plea
- Understanding the difference between special reasons and duress
- The incredibly useful case-law when the defence are seeking ‘unused material’ in relation to the working of an alcohol machine or the working of a speed gun or another device
- The legal distinction between the provision of evidence and the disclosure of unused material and the tests
- Charging in the face of the Court - the time limits - summary offences - either-way offences - indictable offences
- Amending charges at court
- Committals for sentence under the Sentencing Code 2020 and sendings under Section 51 of the Crime and Disorder Act 1998
- Circumstances in which that which is written on the PET Form becomes evidence at trial
- Re-opening your case in order to lay further evidence before the Court
- The constraints upon the defence at trial were the Crown is simply ‘put to proof’
- Sections 4, 5, 6, 7, and 7A of the Road Traffic Act 1988 - the sections in relation to alcohol and drugs - explored and examined - including possible defences raised
- A working knowledge for prosecutors of penalty points and disqualifications and special reasons
- Useful stuff from the Sentencing Council on drug driving
- The schedules in relation to drug driving
- Case management
- Definitions - ‘driving’ - ‘attempting to drive’ - ‘in charge’
Expenses
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