Section 3A
Section 3A of the Road Traffic Act 1988 creates the offence of causing death by careless driving whilst under the influence of drink or drugs, or failing to provide a specimen
3A(1) Driving without due care and attention, or without reasonable consideration for others, causing death
If a person causes the death of another person by driving 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 place, and:
(a) he is, at the time when he is driving, unfit to drive through drink or drugs, or
(b) he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or
(ba) he has in his body a specified controlled drug and the proportion of it in his blood or urine at that time exceeds the specified limit for that drug, or
(c) he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act, but without reasonable excuse fails to provide it, or
(d) he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so, he is guilty of an offence.
3A(2) Unfit to drive
For the purposes of this section, a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired.
3A(3) Exceptions for non-motor vehicles
Subsection (1)(b), (ba), (c) and (d) above shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.
Notes
Sentence
On the 28th June, 2022, the penalty for offences under this section was increased from a maximum of 14 years imprisonment to life imprisonment by section 86 of the Police, Crime, Sentencing and Courts Act 2022.
MPV
It is important to make clear to officers that subsection 3A(3) above means that as 'mechanically propelled vehicle' and 'motor vehicle' have different meanings, the offences provided in subsections 3A(1)(b), (ba), (c) and (d) require that it must be proved that the vehicle involved was a motor vehicle not merely a mechanically propelled vehicle. If, for example, a dumper truck (a mechanically propelled vehicle as opposed to a motor vehicle) is involved, you cannot require a specimen of breath, as it is not generally intended to be used on a road.
This offence has a number of different ingredients. A defendant must have 'driven' a mechanically propelled vehicle on a road or other public place. The defendant's driving must have been either 'without due care and attention' or 'without reasonable consideration for other persons using the road or place' or both.
Causation
The careless or inconsiderate driving must cause the death of another person. There must be a causation link between the two but there is nothing which requires the manner of the driving to be a substantial cause, or a major cause of the accident: R v Hennigan (1971). One effect of this is that two separate drivers can each be the cause of a victim's death.
Unfit/OPL
The words 'unfit to drive through drink or drugs' bear the same meaning as for offences under section 4(1). Similarly, the words 'consumed so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit' are of precisely the same effect as they are for the purposes of section 5(1)(a).
Failing to Provide
An alternative is failing to provide a specimen for analysis. It is noteworthy that the defendant must be required to provide a specimen in pursuance of section 7 (power to require specimens from driver) and the requirement must be made within 18 hours after the time he drove carelessly or inconsiderately. The defendant must fail to provide the specimen without reasonable excuse.
Failing to give permission for blood analysis
A person commits an offence if they fail to give permission for blood taken from them to be subjected to a laboratory test. Conviction of the offence under section 7A(6) can be an alternative verdict where a prosecution for the offence under section 3A has been unsuccessful.
Life imprisonment and/or a fine
Mandatory disqualification from driving
Licence endorced with three to eleven penalty points
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