Drink, Drugs & The Driver - The Tricky Issues Explored with Colin Beaumont - Learn Live

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’