[2009] EWCA Crim 2677

A judge's decision to admit evidence of an offender's alcohol consumption prior to driving in relation to an offence of causing death by dangerous driving was correct even though the offender's blood alcohol level was below the legal limit. There was clear evidence of the amount of alcohol consumed and the legal limit determined whether a particular statutory offence had been committed, not whether alcohol which had been consumed did or could affect a person's ability to drive carefully.

CA (Crim Div) (Sir Anthony May (President QB), Langstaff J, Wyn Williams J)

17/11/2009