Drunk in Charge, Worried Sick, Advice?

[elaine1]

Hi i am trying on this site to ask a few questions about Drunk in charge, I have Osteo arthritus and am on strong pain killers, i had been out and had a few glasses of wine with my dinner, my husband and i walked home, which was only 200 -300 yards max, but my legs wouldnt hold up and i kept falling, i have bruises on my hips and shoulder and elbow, my husband couldnt hold my weight and got the car from home 100 yards away, sat me in the passenger seat until i could regain my strength and two police officers came along and asked if we had a problem, my husband was standing on the passenger side holding the door and i was sitting with my feet out of the car in the passenger seat, we were in a private car park at the back of the shops, my husband said i was resting in order to get home, but they promptly breath tested him and then took him away, one officer saw me home to my door (2mins away) The car had the keys in the ignition and the car was ticking over, as i was cold and needed warming before i could walk any further. He has been bailed for Drunk in Charge, it was my vehicle and not his own as he had left his car where we had been eating out, we was seen walking but in my case stumbling and reported by a neighbouring household and this is why they came along to investigate (this was further back to the start of our walk) they called to report a domestic disturbance, which it really wasnt, my husband was trying to help me, what do you think our chances are, he has to report back to the police station on the 20th (he has been Bailed) im worried sick and affraid of what may happen, he is at his wits end too with worry

 

[SeanJoyceStephensons]

It is a defence to drunk in charge if you can satisfy the court, on the balance of probabilities, that there was no likelihood of you driving the car whilst over the prescribed limit. This involves proving two "facts". The first, is proving the time that you might next have driven. The second is that, at that time, you would have been below the legal limit which involves scientific/ forensic evidence which is something you should instruct a solicitor to obtain for you.

If convicted of drunk in charge the penalties include up to 6 months in prison and EITHER, 10 penalty points or a ban, which has no minimum period (unlike drink driving).

Call and speak to one of our experts on 08450020736 to discuss your case in more depth.