Road Traffic Act 1991

3 Causing death by careless driving when under influence of drink or drugs.E+W+S

Before section 4 of the Road Traffic Act 1988 there shall be inserted—

3A Causing death by careless driving when under influence of drink or drugs.

(1)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

(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,

he is guilty of an offence.

(2)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.

(3)Subsection (1)(b) and (c) above shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.

Commencement Information

I1S. 3 wholly in force at 1.7.1992 see s. 84 and S.I. 1992/1286, art. 2, Sch.