A very specific question...

[Reg]

Hi, I was wondering, if someone was caught speeding at around 150 mph, they caused an accident which resulted in the death of another person, but the driver was under the legal limit for alcohol (only just), could the fact that there was any alcohol in his system be used against him if it could be proved he would have been in control of the car had there been none in his system/blood/etc.?

So basically, do the alcohol limits take into account ALL speeds, or just the legal ones?

Thank you for any help!!

PS This is for purposes of a debate I had...

 

[Driver00100]

Hi, I was wondering, if someone was caught speeding at around 150 mph, they caused an accident which resulted in the death of another person, but the driver was under the legal limit for alcohol (only just), could the fact that there was any alcohol in his system be used against him if it could be proved he would have been in control of the car had there been none in his system/blood/etc.?

So basically, do the alcohol limits take into account ALL speeds, or just the legal ones?

Thank you for any help!!

PS This is for purposes of a debate I had...

the alcohol limits apply for all speeds (legal and illegal)

the fact that he was "under the limit" whilst driving at 150mph , does not count as mitigating circumstances!

and yes the fact that he had alcohol in his system when he basically commited manslaughter would not exactly go in his favour.....

this is a strange question even for a "debate"

 

[PAD]

The driver in question would be looking at a death by dangerous driving charge...... Driving at 80mph over the national speed limit and killing someone is enough on its own - and so in court the prosecution will also bring into account the level of alcohol in the drivers system....to cement dbdd.

At the end of the day though...it all depends how the jury sees it! it would more likely to be returned as a guilty verdict or reduced to Death by careless driving!! either way the driver is going to prison -