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.
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.
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.
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.