Road Traffic Act 1988 Section 5.1B: Being in charge of a vehicle when under the influence of drink or drugs.
If a person is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
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.
There is a statutuary defence to this crime in that there is “no likelihood of you driving”. This means that you require to prove to the court that their was no intention of driving the vehicle.
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. And here is a case study of a client who was acquitted after trial, charged with being drunk in charge.