The presence of drugs in an offender's blood at the time of a dangerous driving offence may be taken into account as relevant to the seriousness of the driving — specifically, that the offender drove knowing they had ingested the substance and thereby exposed others to risk — without this constituting a circumstance of aggravation contrary to De Simoni. The critical sentencing question in dangerous driving cases remains the level of seriousness of the actual driving, not whether the inattention can be categorised as 'momentary'; decisions using that expression do not lay down any empirical formula.
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