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Drunk in Charge

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  • Drunk in Charge

    Hi, Thanks for taking the time to read this & give advice
    My problem is i was living in my car for a couple of Weeks & Started it to warm the car (Was very cold night) The Police drove upto me & Breathalyzed me i failed & On the evidential machine i was well over 6x to be honest :/
    Now the fun bit The car was on a Council Carpark over the road from my old house & both the front wheels where off the car (Drive Shafts being fixed) & Itís on axle stands? But i have been charged with being drunk in charge?
    I totally understand that having the keys on your person & starting a car while over the limit is an offence but surely the officer canít really believe 1) I was in any fit way to drive & 2) Definitely in no state to install 2 drive shafts and 2 Wheels & then dive?
    Have i any chance of beating this at court please? I have photoís of car on stands & It is in the officers statement about the state of the car? Seems a little over the top but iím extremely worried has iím a Professional driver and canít afford a Ban or Points to be honest
    Again thanks for your time reading this Any help gratefully received
    Kind Regards
    Paul
    Tags: None

  • #2

    Sometimes have to wonder about plod.

    To defend the "drunk in charge" offence you will need to prove as per section 5 (2) of the RTA 1988 " It is a defence for a person charged with an offence under subsection (1)(b) above to prove that 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.

    As a conviction will have a major affect on you I would recommend you obtain professional advice from as solicitor specialising in this aspect of the law

    Comment


    • #3
      I agree with Des8. Question is have you been charged? The CPS may not bother. If they do a not guilty plea and a mags court trial is the logical sequence of events. We once found someone not guilty who was parked up asleep so, provided events were as you say, you would have a good chance!

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