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Drunk in charge – M.A.J Law

Conor Johnstone
4 March 2018

Recent Success – Drunk in charge of a motor vehicle

M.A.J Law were successful in a recent case relating to being drunk in charge of a vehicle. The Crown Prosecution Service took a very hard line approach to the case and charged our client with two offences:

  1. being in charge of a vehicle whilst in excess of the prescribed limit and;
  2. being in charge of a vehicle whilst unfit

The defence identified by our team of specialist solicitors related to ‘intention’ – whether our client had any intention to drive. The CPS will often pursue a case of being ‘in charge’ of a vehicle when an individual is found inside of their vehicle whilst in excess of the prescribed limit for drink or drugs. However, there is a statutory defence to this charge if there was no intention of driving the vehicle.

In this particular case, the CPS sought to rely on the oral evidence of two witnesses – two police officers involved in the arrest. The CPS thought this was their ‘strongest’ evidence. It was – at least until one of these ‘witnesses’ failed to turn up to court.

This particular officer was on long term sick leave. The CPS did not bring this to the attention of M.A.J Law (or the court) until the day of trial!

Our client was acquitted and costs were awarded.

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