NCJ Number
78554
Journal
Magistrate Volume: 37 Issue: 7 Dated: (July 1981) Pages: 102-105
Date Published
1981
Length
4 pages
Annotation
Reforms in English law related to drinking and driving are discussed, with particular attention to the provisions of a bill proposed by the Government.
Abstract
With the abolishment of the crime of dangerous driving and its replacement by the crime of reckless driving, convictions for dangerous or reckless driving dropped. This was partly due to the inadequate judicial definition of reckless driving as well as to the legislative abolition of dangerous driving. To rectify this situation the Blennerhassett Committee recommended measures to reduce the number of persons driving under the influence of alcohol. However, the Government's proposed bill has failed to incorporate several crucial recommendations of the Blennerhassett Committee. Specifically, the Government's failure to implement the suggestion which allowed police unqualified discretion to test drivers at random for drunkenness represents the major legal inadequacy of the Government's bill. Other provisions of the bill which were adopted from the committee's recommendations are outlined. The Government's failure to adopt the recommendation calling for a public education program regarding drinking and driving is noted as another major flaw of the bill. No references are supplied.