Motoring Law Case Studies
Excess Alcohol - Drunk in Charge
A student visiting a friend at University was found asleep in the passenger seat of his car which was parked on a road outside the Halls of Residence. At approximately 3:30am Police Officers woke and breathalysed him. He was found to be 3 times over the prescribed limit. He was arrested and taken to a Police Station where he was referred to the Duty Solicitor.
At first he did not know why he was in his car or, how he had got there! What had happened was that after a night out with friends they had all returned to the Halls of Residence only to find there were not enough rooms for them all to sleep in for the night. His friends then put him in his car, where he had left it, outside the Halls of Residence leaving the keys with him. He had not intended driving the car until later the following day when he expected to be within the prescribed limit.
The “road” was a public road and he was charged with being drunk in charge of a vehicle while unfit through drink. He was advised to plead Guilty but he decided to contest the Charge. When he entered a Not Guilty Plea he was told he might be charged with “attempting to drive a vehicle while unfit through drink”. His Solicitor then advised him to plead Guilty to being drunk in charge and the attempting to drive charge was not pursued.
He received 10 points on his Licence and was fined £60. As he was still in his two year probationary driving period his Licence was revoked until he successfully re-sat his Theory and Practical Driving Tests. It took him approximately 5 months and cost him over £600.00 to regain his Licence. The Points remained on his licence for 4 years from the date of the offence.
He was not a Client of ours.
Here is what we would have done:
In Charge of the Vehicle
This Charge should have been contested at Trial on the basis that
- He had no intention of driving the vehicle while unfit through drink;
- He had no knowledge or nor was he responsible for his being in the vehicle with the keys to it;
- He had gone to the University with friends intending to stay over night and travel home the next day with them;
- Evidence should have been called from his friends to substantiate this argument;
Attempting to Drive
If he had been charged with this offence he should have pleaded Not Guilty.
For this Charge to succeed the Defendant has to have gone further than preparing to do something to actually doing something to achieve the desired objective, namely driving a vehicle.
A man who was found asleep in the driver’s seat, his head resting on the steering wheel with his seat belt on, the engine running and headlights on was charged with this Offence and argued that there was no case to answer. His Submission was rejected and he was convicted. However, the High Court ruled that the Magistrates should reconsider the Case.
His actions in switching the engine on, fastening his seat belt and turning the headlights on might show he was preparing to drive but, fell short of establishing that he was attempting to drive.
In this case:
- He was in the passenger seat, not the driver’s seat;
- He had no knowledge he was there!
- The engine was not running;
- The keys were not even in the ignition;
- He had taken no action to indicate he was going to drive;
- The surrounding evidence was that he was planning to stay the night and return home with friends later the next day;
We would have expected him to have been acquitted of both Charges.
If you have been charged with being in charge of a vehicle while unfit through drink or, drugs and need expert legal advice call our specialist Team now on:
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