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3July2015

Charged with drunk in charge?

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M.A.J. LAW

You don’t have to be driving to be guilty of a ‘drink driving’ offence. Being drunk in charge of a motor vehicle is a criminal offence under section 5 of the Road Traffic Act 1988.

If, for example, you leave the pub and decide to catch forty winks in your car outside. You may cross paths with the law.

So how would this driverless car get around that problem?

http://www.bbc.co.uk/news/business-33350276

Under the same section of the Act, it is a full defence if you can show on a balance of probabilities that there was no likelihood of you driving whilst over the prescribed limit. This may involve instructing an expert witness to determine how long it would take for you to eliminate the alcohol in your body and drop below the prescribed limit. 

Having a bed in your vehicle may help persuade the Magistrates that there was no likelihood of you driving!

If you have been charged with drunk in charge of a motor vehicle, please call 0151 422 8020 for free advice from a specialist motoring solicitor.

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