Drunk in charge

Convicted Driver Insurance

argybargy

New Member
After a row with my wife I foolishly went and chilled out in my car...I have been charged with drunk in charge at 6.45pm I've had an experts report to state I would have been under the limit by between 1.55am and 1.55pm the following day. I had no intention of driving until at least 5pm at the latest. Due in court 21st November. Any idea what I can expect in relation to sentence.. I'm 63 clean driving licence for 45 years. Very worried.
 
argybargy said:
After a row with my wife I foolishly went and chilled out in my car...I have been charged with drunk in charge at 6.45pm I've had an experts report to state I would have been under the limit by between 1.55am and 1.55pm the following day. I had no intention of driving until at least 5pm at the latest. Due in court 21st November. Any idea what I can expect in relation to sentence.. I'm 63 clean driving licence for 45 years. Very worried.
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Did you provide a breath, blood or urine sample? If so, what was the level of alcohol in your system?
 
argybargy said:
89 in Breath
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Upon conviction of being in charge of a motor vehicle while over the legal limit and a breath reading of 89 sentencing guidelines suggest a band b fine AND either a period of disqualification OR the imposition of 10 penalty points.

It is a defence to this charge if you can successfully prove, on the balance of probabilities that there was no likelihood of you driving while you were over the legal limit as laid out in Section 5(2) of The Road Traffic Act 1988.

Let us know how you get on at court as it may help others who find themselves in a similar predicament in the future.
 
Thank you for your reply.

I was in court this morning. I thought it was going to be horrendous but the magistrates are just human beings and not ogres. My solicitor used the
statutory defense as laid out in Section 5(2) of The Road Traffic Act 1988. I was found not guilty much to my relief. It has taught me a valuable lesson and not something I would wish to go through again. The forensic report was £170 and solicitors costs £680.

I'm glad I found this forum because it helped me so much.
 
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