In our experience clients are normally charged with being drunk in charge of a motor vehicle as a result of what appears to them to be perfectly innocent circumstances.
Sleeping in your car or simply sitting within your motor vehicle whilst under the influence of alcohol will normally result in you being charged with being drunk in charge of a motor vehicle, putting your driving licence and your job in jeopardy. If you find yourself in these unfortunate circumstances you don’t need to lose your driving licence, contact our specialist road traffic lawyer now!
Drunk in Charge of a Vehicle
Section 5(1)(b) of the Road Traffic act which provides that it is an offence if someone is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit.
The Penalties of Being Drunk in Charge of a Vehicle
The penalties for this offence include either:-
- 10 Penalty points; or
- Discretionary disqualification
To obtain a conviction the Crown & Procurator Fiscal Service require to show beyond reasonable doubt that you were in control of the vehicle whilst over the prescribed alcohol limit. However, the court are normally of the view that this test is satisfied provided that it is satisfied upon the evidence heard that you were within the vehicle whilst over the prescribed alcohol limit. So if the court hear evidence that you were sleeping in the back seat of the vehicle or that the keys were not in the ignition you are still deemed to be in control of that vehicle.
However, Section 5(2) of the Road Traffic Act 1988 provides that It is a defence if at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
Although this defence need only be proved to the lower standard of the balance of probabilities it can often prove a difficult task unless you have expert legal representation from a specialist road traffic lawyer. The court will consider many things in determining whether there was any likelihood of driving whilst over the prescribed limit including your position within the vehicle, the location of the keys, whether the ignition was turned on and you’re alternative transport plans.
Our specialist road traffic lawyer will guide you through this process, assessing the particular circumstances of your case down to the finest detail and meticulously prepare your case using Scotland’s best toxicologists and the most recent caselaw to prove your defence to the necessary standard.
Even if you are guilty, our expertise in this field will prove essential. We will provide a bespoke and comprehensive plea in mitigation to persuade the court that you should receive 10 penalty points as opposed to a disqualification form driving.
There is no doubting that whether you are guilty or not it can be a fine line between keeping your driving licence and losing it when faced with a charge of this nature, so contact our award winning road traffic lawyer and don’t let one bad decision ruin everything, call 0141 465 3333 Now!