In charge Vehicle - Trial

Convicted Driver Insurance

manunited

New Member
I have been charged with being in charge of motor vehicle with excess alcohol of 64mg.
I have been to magistrates court and plead not guilty, going for trial at another magistrates in a few weeks.

Me and my friend were drinking. I was parked up in a car park which is free at night time. I realised i would not be able to drive so i told my friend who was sitting in the passenger seat to get up and well walk home ( he began to disconnect the car stereo and get some change out for food ), i could come back before the parking wardens come and pick up the vehicle in the morning. Whilst i was outside the vehicle the police turned up. I gave incorrect details as i had got scared and panicked. I was then arrested.

At magistrates for the initial plea the prosecution said that the passenger was in the passenger seat whilst i was outside the vehicle and that shows that i had the intention to drive. This was the reason she gave not to stop proceeding and drop the case.

Any advice? Much appreciated.
 
It is a defence to an allegation of being in charge of a vehicle whilst unfit if you you can persuade the Court that there was no likelihood of you driving whilst you remained impaired to do so.

Your chances of success at trial will depend upon a number of factors, for example: the level of impairment alleged; the location and position of the vehicle; the credibility of the account provided to the police; and the extent to which your account is supported by expert evidence.

Furthermore, there is also the question as to whether you were actually in charge of the vehicle at the material time. This will be highly relevant in your case as you were outside of the vehicle. There is a detailed legal test which the Court will need to be made aware of when considering this point.

In order to maximise your chances of success at trial I would recommend that you seek specialist advice. If you would like to discuss your case with a member of the team please call 0845 002 0736 and we will be happy to assist.


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
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