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Drunk in Charge

Do you require an expert Drunk in Charge Offence Lawyer? This offence is committed if: “a person is in charge of any motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit they are guilty of an offence”.

There is a statutory defence to this crime in that there is “no likelihood of you driving”. This means that you require to prove to the court that there was no intention of driving the vehicle.

Drunk in Charge: the Law

Road Traffic Act 1988 Section 5.1A: Driving when under the influence of drink or drugs

Penalty: a discretionary sentence of 3 months minimum disqualification, a fine and a minimum endorsement of 10 points on the licence.

If a client is charged with S5(1)[b] Road Traffic Act 1988 then he has been accused of being drunk in charge of his motor vehicle.

If you are caught in a motor vehicle whilst over the legal limit the crown can try and prove that you are drunk in charge.

How We Can Help

Our goal is to try and resolve these matters as painlessly as possible. A recent client returned to his car to retrieve his mobile phone and was charged with being drunk in charge of a motor vehicle, but was acquitted after trial.

What does "drunk in charge" mean in Scottish law?

It refers to being over the alcohol limit while having control of a vehicle, even without driving.

Penalties include fines, 10 penalty points, a driving ban, or up to 3 months in prison.

Yes, if it is believed you intended to drive or had access to the car keys.

 

Factors include location of the car, possession of keys, and proximity to driving time.

Yes, proving no intention to drive (e.g., keys were stored away) is a valid defence.

Drink driving involves actively operating a vehicle; drunk in charge involves intent or control without actual driving.

Yes, depending on the severity, you could face a driving ban.

Refusal leads to penalties similar to those for drink driving, including fines and bans.

If you successfully defend your case and are found not guilty, you may avoid penalty points.

Yes, it typically results in significantly higher premiums.

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Colin Schroder
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Very professional support from Euan Robertson. As a result I avoided 3 points and a likely driving ban, which I would otherwise have been forced to accept.
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LORRAINE PETERS
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I will recommend this company a million times. I had a case where I could have lost my licence due to maximum points being reached. The lawyers assisted me with a plea to reduce the penalty points. It was a success and I kept my licence. Great job and very professional.
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david orr
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Euan and his team were fantastic from the first time I met him. right through until my case was close .Ecstatic with the result . Highly recommended .
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Victoria Alexander
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Got in touch with Euan after reading reviews of his work, needing help with a road traffic offence. Couldnt of asked for a better outcome or service. At the stressful thought of losing my licence, a clear an straightforward conversation with Euan put my mind at ease. Euan and his team dealt with everything on my behalf and fully kept me up to date.
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Muhammad Abdul JABBAR
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Recommended 110% Remove my 6points Very cooperative Friendly
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Ahmed Hassan
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Great lawyer
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Scott Clarke
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I was incorrectly charged with use of a mobile phone while driving. Euan managed to get the case thrown out without me even needing to enter the court room on the trial date. Would definitely recommend him if you’re needing help fighting a road traffic charge!
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Haris Mushataq
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Euan robertson top man dropped me from a road traffic offence within just a couple of days notice I can’t appreciate his help enough thank you. Highly advise these guys as they are great help
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William Murray
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Euan got me a result I didn't think was possible, if you're feeling hopeless this is the man to come and see. Worth every penny!
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Matin Ismael
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Highly recommended, was about to lose my license, thankfully KeepMyLicence did exactly as they say they would. Much appreciated
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Need an expert driving offence solicitor?

With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.