Drunk in Charge of a Motor vehicle
Many people don’t realise (until its too late) that it’s an offence to be “in charge” of your vehicle whilst you are over the drink or drug drive limit. Many motorists unwittingly commit this offence when they are simply keeping the engine ticking over in an attempt to keep warm or whilst “sleeping off” the alcohol from the night before. Nevertheless, the consequences of a conviction for being drunk in charge of a motor vehicle can be severe.
The specialist Motoring Lawyers at Ashworth Motoring Law are experts in “drunk in charge” cases and can help you keep your driving licence licence. When you’re ready, call our free motoring law helpline on 0330 33 22 770 to speak to an expert motoring law solicitor who specialises in drunk in charge offences for free initial legal advice. Lines are open round the clock at a time to suit you.
Evidence in drunk in charge of a motor vehicle cases
The police require surprisingly little evidence to infer that you were “in charge” of a vehicle; for example, simply having the car keys either on you or in the ignition of the car whilst you are in the driver’s seat can be enough. There is no legal definition for the term “in charge”, therefore each case will depend on its individual circumstances and facts.
In any drunk in charge case, the Prosecution must prove that you were:
- On a road or public place; and
- You were “in charge” of a vehicle; and
- You were over the limit
A successful challenge to any or all of the above elements of the offence will result in your aquittal.
The consequences of a conviction for being drunk in charge of a motor vehicle
Being prosecuted for being drunk in charge of a vehicle is a serious matter which can have long lasting consequences. A conviction for being drunk in charge could result in, at best, 10 points on your licence (which could result in you totting up and facing a 6 month driving ban), and at worst up to 6 weeks in prison or a ban of up to 12 months. That’s before considering the potential knock on effects of a conviction; huge increases on your future insurance premiums, a criminal record, your good name being tarnished, and a the impact that a ban could have on your ability to continue working in your job.
How our specialist drunk in charge offence solicitors can help you
In addition to any of the defences that apply to drink driving offences, we may also be able to identify a number of further specific defences available to you.
For example, it is a defence to show that there was no likelihood of you driving your vehicle whilst you remained over the limit. Successfully raising this defence is likely to require cross-examination of Prosecution witnesses such as Police Officers, and would also involve giving evidence in examination in chief (answering questions in court to put your side across). It is therefore vital that you engage an experienced and knowledgeable motoring lawyer to conduct this process.
At Ashworth Motoring Law we are alert to the relatively low level of evidence which is required to prove that you were in charge of your vehicle. Therefore in addition to showing that you did not intend to drive your vehicle, your defence team may also challenge the very evidence that you were over the limit, or the procedures which were involved in obtaining the specimen from you.
If you are being prosecuted for being drunk in charge and would like to find out whether your case can be defended then feel free to contact a member of our team of motoring law experts today on 0330 33 22 770. It is likely that we will be able to identify a basis upon which we can win your case. Being prosecuted for being drunk in charge of a vehicle is a serious matter which can have long lasting consequences, therefore it is vital to obtain advice from professionals to find out whether your conviction can be avoided.
Pleading Guilty to an allegation of being drunk in charge? Damage limitation
If you accept the Prosecution evidence against you and wish to limit the extent of the sentence imposed for your drunk in charge conviction then our guilty plea and mitigation service could have a massive impact on the overall sentence you receive.
Our expert motoring lawyers continue to secure truly phenomenal results in drunk in charge cases when putting forward guilty pleas and mitigation.
If you’re considering pleading guilty to being drunk in charge of a motor vehicle and would like to know more about how our guilty plea and mitigation service could give you peace of mind along with a more favourable result at Court, then visit our dedicated guilty plea page or call one of specialist drunk in charge solicitors on 0330 33 22 770 for some free legal advice. Lines are open round the clock, seven days a week, so get in touch whenever’s best for you.
Caution for new drivers!
If you passed your driving test within the last two years then please take a look at our dedicated section for new drivers or call one of our specialist motoring law solicitors today on 0330 33 22 770 to discuss the potential impact that a conviction for being drunk in charge of a motor vehicle could have on your right to drive.
Magistrates’ Sentencing Guidelines for being Drunk in Charge
The Magistrates’ Sentencing Guidelines for being drunk in charge can be found here:
Call our Motoring Law Helpline for Free Legal Advice from an Expert Drunk In Charge Solicitor who Specialises in Defending Allegations of Being Drunk In Charge
We are always happy to discuss your options and provide expert advice and guidance which could result in a not guilty verdict in your case.