The law is clear – it is an offence to be in control of a motor vehicle whilst over the prescribed limit.
The penalty for a Drunk in Charge offence can range from 10 points to 6 weeks in prison, depending upon the breath reading provided and the circumstances of the offence.
M.A.J. Law are a team of specialist motoring defence solicitors. We have years of experience challenging motoring offences and exceeding client’s expectations. We believe that every person has the right to quality legal representation.
Despite the potential penalty for a Drunk in Charge offence, there is no single test to determine whether a person is in control of a vehicle. This often leads to confusion amongst the police and can result in the police incorrectly charging people without all the necessary evidence.
Simply being sat in the vehicle does not mean that you are in control of it. The court will consider the following circumstances;
Many people believe that this offence was created to prevent people ‘sleeping it off’ in their vehicles. Whilst this is one reason, there is perhaps a more important reason as to why this offence was created. Consider the following.
In many cases, the police cannot prove that you were driving the vehicle (because you had stopped by the time they arrived), but may be able to prove that you were in control of it. If only one offence of drink driving existed, a huge number of people would avoid convictions due to insufficient evidence. It’s a lot easier to prove that someone was in control of a vehicle, than to prove that someone was driving it.
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M.A.J. Law specialise in defending motorists nationwide. Our team have over 50 years of combined experience and first-hand knowledge of most courts in England and Wales. Free advice? Please get in touch.