Confused about Drunk in Charge offence.

[dns]

Hi,


I was arrested a few nights ago and charged with being drunk in charge of a motor vehicle.


Here's the story...


I have a history of depression and unfortunately end up using alcohol as a means to "escape" (both things that my doctor is treating me for). The other night, when visiting my girlfriend, we had a huge row and I was feeling rubbish. I ended up grabbing a crate of beers from the local shop and sat in my car in her garage to collect my thoughts. She kept bothering me so I backed the car out of the garage (I'd only had a single can of lager at that point so was perfectly legal) and closed the door. I sat in the private lane (ten-foot) at the rear of her house and consumed my case of lager.


My girlfriend and a friend were really concerned about me (I tend to react irrationally when depressed, especially after drinking) so she called the police. She was completely unaware, as I was, that I was in fact committing and offence. She's a doctor so knew that if she called the paramedics for me, they'd ask for police attendance anyway. I know she just wanted to keep me safe.


The police arrived and found me in my car. I told them what I was doing, that the land was private and that I'd not moved the car since drinking excessively. They told me that they couldn't be sure I wouldn't decide to move the car, so breathalised me and got a reading of 90mg/ml. They also told me that my case wasn't helped as the engine was running (it was very cold so I was running the heater) and apparently the brake lights were on (I guess this must have been force of habit on my part, using the pedal as a foot rest). I was taken to the local custody suite and charged the following morning with Drunk in Charge.


I'm really unsure how to proceed now, I've not got a serious record (just a minor conviction a few years ago for breach of the peace) so have have almost no experience dealing with this sort of thing. I am a respectable citizen and I hold a permanent job. My driving license is clean and my car has tax, insurance and MOT.


I don't understand how I can be charged with drunk in charge whilst on private land. It's an access to the garages behind my girlfriends terraced house. It's marked as private property and anyone who was there without permission from one of the occupants would be trespassing. The road is maintained by the property owners and the council have previously stated that it was private (when we asked for help dealing with fly tippers)


I'm also confused as to why I can be charged because there was a "chance" of me driving the car. In actual fact, it was parked in such a way that it would have proved pretty much impossible. The lane is round an extremely tight bend between walls and overgrown bushes. It's incredibly hard to negotiate the turn whilst driving forwards in daylight (over the years, my bumpers have scratches to prove it) and pretty much impossible in reverse (especially in the dark and without someone as a guide). I was facing away from the corner, so I would have had to turn around, something which is only possible in the garage, which was locked on an electronic motor (I had zero access).


Anyone know what I should do now? I keep looking at website and guidance, but it might as well be in Chinese... I'm completely bewildered.


Thanks

 

[SeanJoyceStephensons]

The law pertaining to private land in relation to an offence of Drunk in Charge is the same as Drink driving in that the offence is only committed if the vehicle is on a "road" or "public place". These two phrases have a very specific definition in law. Just because the lane is privately owned does not, in itself, mean it is not a "public place" or a "road", but this could be the case. We would need to carry out some detailed investigation in order to give you specific advice about whether the lane in question falls under the legal definition of "road" or "public place", or not. However, there is the potential for you to defend the case on this basis. The Court are likely to insist on written legal skeleton arguments being exchanged with the prosecution in advance of your trial in which you would need to cite relevant case law. There is a large body of case law on this subject.

You could also defend the charge on the grounds that there was no likelihood of you driving the car whilst over the prescribed limit. If you have told the police that you had any alcohol at all before you moved the car (Even a very small amount) then to establish this defence you will have to obtain and serve on the prosecution forensic evidence which proves how much alcohol was in your system at the time of driving and when you would be below the limit and able to drive lawfully.

Your case involves some reasonably complex legal issues and I would recommend you take legal advice from a drink driving solicitor.

If you would like to discuss this in more detail then call our national drink driving helpline on 08450020736.

Hi,


I was arrested a few nights ago and charged with being drunk in charge of a motor vehicle.


Here's the story...


I have a history of depression and unfortunately end up using alcohol as a means to "escape" (both things that my doctor is treating me for). The other night, when visiting my girlfriend, we had a huge row and I was feeling rubbish. I ended up grabbing a crate of beers from the local shop and sat in my car in her garage to collect my thoughts. She kept bothering me so I backed the car out of the garage (I'd only had a single can of lager at that point so was perfectly legal) and closed the door. I sat in the private lane (ten-foot) at the rear of her house and consumed my case of lager.


My girlfriend and a friend were really concerned about me (I tend to react irrationally when depressed, especially after drinking) so she called the police. She was completely unaware, as I was, that I was in fact committing and offence. She's a doctor so knew that if she called the paramedics for me, they'd ask for police attendance anyway. I know she just wanted to keep me safe.


The police arrived and found me in my car. I told them what I was doing, that the land was private and that I'd not moved the car since drinking excessively. They told me that they couldn't be sure I wouldn't decide to move the car, so breathalised me and got a reading of 90mg/ml. They also told me that my case wasn't helped as the engine was running (it was very cold so I was running the heater) and apparently the brake lights were on (I guess this must have been force of habit on my part, using the pedal as a foot rest). I was taken to the local custody suite and charged the following morning with Drunk in Charge.


I'm really unsure how to proceed now, I've not got a serious record (just a minor conviction a few years ago for breach of the peace) so have have almost no experience dealing with this sort of thing. I am a respectable citizen and I hold a permanent job. My driving license is clean and my car has tax, insurance and MOT.


I don't understand how I can be charged with drunk in charge whilst on private land. It's an access to the garages behind my girlfriends terraced house. It's marked as private property and anyone who was there without permission from one of the occupants would be trespassing. The road is maintained by the property owners and the council have previously stated that it was private (when we asked for help dealing with fly tippers)


I'm also confused as to why I can be charged because there was a "chance" of me driving the car. In actual fact, it was parked in such a way that it would have proved pretty much impossible. The lane is round an extremely tight bend between walls and overgrown bushes. It's incredibly hard to negotiate the turn whilst driving forwards in daylight (over the years, my bumpers have scratches to prove it) and pretty much impossible in reverse (especially in the dark and without someone as a guide). I was facing away from the corner, so I would have had to turn around, something which is only possible in the garage, which was locked on an electronic motor (I had zero access).


Anyone know what I should do now? I keep looking at website and guidance, but it might as well be in Chinese... I'm completely bewildered.


Thanks