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Haines v Roberts

All England Law Reports/1953/Volume 1 /Haines v Roberts - [1953] 1 All ER 344 [1953] 1 All ER 344   Haines v Roberts QUEEN'S BENCH DIVISION  LORD GODDARD CJ, CROOM-JOHNSON AND PEARSON JJ  26 JANUARY 1953  Street Traffic - Charge of motor vehicle while under influence of drink - "In charge" - Vehicle left in public yard - Road Traffic Act, 1930 (c 43), s 15(1).   Where a person leaves a motor vehicle in a road or public place away from home, he is in charge of that vehicle until he puts it into the charge of somebody else.   Quaere: whether a person remains in charge of a motor...

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Director of Public Prosecutions V. Watkins

ICLR: King's/Queen's Bench Division/1989/DIRECTOR OF PUBLIC PROSECUTIONS v. WATKINS - [1989] Q.B. 821 [1989] Q.B. 821 [QUEEN'S BENCH DIVISION] DIRECTOR OF PUBLIC PROSECUTIONS v. WATKINS   1989 Jan. 23, 24; March 1 Taylor L.J. and Henry J.  Road Traffic - Drunk in charge of motor vehicle - "In charge" - Defendant in driving seat of vehicle not owned by him - Defendant holding bunch of keys - No evidence that key in hand suitable to start engine - Whether defendant in charge - Whether likelihood of defendant driving car - Road Traffic Act 1972 (c. 20), ss. 5, 6 (as amended by Transport Act 1981 (c. 56),...

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Defences

Blackstone's Criminal Practice 2018/Part C Road Traffic Offences/Section C5 Drink-Driving and Drug-Driving Offences/DRIVING, OR BEING IN CHARGE, WITH ALCOHOL CONCENTRATION ABOVE PRESCRIBED LIMIT/Defences Defences C5.49 The Statutory 'Hip-flask' Defence Section 15(3) of the RTOA 1988 (see C5.41) affords a defence to a charge under the RTA 1988, s. 5, where the defendant claims that the fact that he has alcohol in his body above the prescribed limit is attributable to consumption after the event to an extent that, but for that later consumption of alcohol, evidence from the specimen would not have resulted in an offence being made out. Once the statutory assumption...

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