oa De Rebus - The offence of drunken driving and the defence of voluntary drunkenness
|Article Title||The offence of drunken driving and the defence of voluntary drunkenness|
|© Publisher:||Law Society of South Africa|
|Publication Date||Feb 1982|
|Pages||69 - 70|
|Keyword(s)||Construed ex post facto, Criminal incapacity, Criminal responsibility, Culpa, Ignorance, Juridical fault, Liquor, Mens rea, Pills, Sane automatism and Specific intent rule|
The various provincial ordinances contain similar provisions creating the offence of drunken driving. Section 140(1) of the Transvaal Ordinance 21 of 1966 will serve as an example. It reads: ""Any person who on a public road drives a vehicle ... while under the influence of intoxicating liquor or a drug having a narcotic effect, shall be guilty of an offence ... ""
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