Driving whilst unfit - S4 RTA 1988

Convicted Driver Insurance

thetron__

Member
Hi There,

I've been charged under the above legislation.

Details here.

The police have evidence that I crashed (and was driving) and that i had some alcohol in me.

IMO they don't have proof of impairment (other than a crash) or that impairment was caused by alcohol.

What kind and strength of evidence is needed to prove impairment, and that it was caused by alcohol? Is this hard to prosecute, or to defend.
 
Thanks for the response Martin.

Driving - I admitted to a civilian witness - first at scene. Also this was the middle of nowhere and i was the only one around.

Impairment - other than a crash (which I suffered a head injury) nothing, but I'm not sure what they would need - perhaps they could say failing to provide?
 
Yes, they got a statement from the witness (5 months later)

My Lawyer advises me that a crash is not evidence of unfitness/impairment, and that alcohol traces (well under limit) also doesn't prove unfitness either.

So it depends on the prosecution's case proving unfitness and that being due to alcohol.

I've been told that it's both hard for the prosecution to prove, and also that it's likely I'll be convicted because the threshold in such cases is low (ie easy to prosecute).

So hence the question about the type and strength of evidence needed. There seems to be no way research case law or anything - that I know of.
 
I tend to agree, I just wish I could have more clarity so i know what to expect. It would be great if I cases where public or there was an archive.
 
You must log in or register to reply here.
Enter code DRINKDRIVING10 during checkout for 10% off
Top