Finally, they have to show that the driving caused the death. An example would be a pedestrian who is knocked own crossing the road. An aggravating factor would be if the driver lost control and mounted the pavement and then hit the pedestrian.
Death By Dangerous Driving in Scotland: the Law
Road Traffic Act 1988 Section 1: Causing death by dangerous driving
First of all they can prosecute in terms of S4 of The Road Traffic Act 1988.They then have to lead evidence that the person is impaired and that the manner of driving is defective.
The second way is by charging them with S5A of the Road Traffic Act 1988.The offence is having a certain level of a particular prescribed drug in your system. This can apply both to illegal and prescription drugs, for example if you are found to have cocaine, heroin, cannabis, ecstasy or various other illegal drugs then you will have a case to answer in the court. As a result of various prescription medicines that are routinely prescribed there are defences in relation to prescription drugs.
When passing the legislation the Government listed approximately 50 drugs that were illegal and if you have these at a certain level in your blood stream you are guilty of an offence. For example Cocaine which breaks down very quickly in the blood stream leaves a by-product in the blood which is also prescribed by the S5A of the Road Traffic Act 1988.
If you have provided a blood sample to the Police you should be offered a duplicate blood sample. You should get that analysed as soon as possible. Remember to keep it in the fridge as the blood sample will degrade if it is not kept chilled.
Procedure at the Police Stop and Police station.
If the police stop you for alleged drug driving, they are entitled to ask for a saliva sample if they believe you are driving under the influence of drugs. If that tests positive, they will arrest you and take you to the nearest police station. At the police station they will normally ask for a doctor to appear to assess you and thereafter ask for a sample of blood for analysis. It is a separate offence to refuse to provide that sample unless you have a bona-fide medical reason. The blood sample is then sent to the Police Forensic Laboratory in Edinburgh for analysis. It is only when If you have been charged with drink driving in Glasgow or in Scotland it is imperative that you get professional representation.A drink driving disqualification will impact upon your job and your personal life.
that analysis is completed will he matter be reported to the Procurator Fiscal as a charge of driving a motor vehicle whilst under the influence of drugs.
Call 0141 423 7389 now to discuss your situation.