In charge of motor vehicle

Convicted Driver Insurance

Nirakulan

New Member
26th February I was arrested early morning. 25th night I go to my friends house for dinner. He stay in his family friends house. so they not allowed to drink in site. Because they have children. That's why we decided to drink in my car. before take the dinner we are drinking. but car was started for heating.
before drink we decided I stay in friend's house.
I don't know about this "in charge of motor vehicle" is offence. I know drink and drive is offence.
so I think I don't drive that's why we drinking in site the car.
That time I drink to much police caught me get the car key, do the road site test not remember the results.
Then they arreste me to police station. in police station check 1st specimen is 78 , and 2nd specimen is 67 . Then they take blood specimen then I have been bailed until end of April.

I don't know about this offence because I stay in uk four and a half years. last year I got the license. I don't have any other offence or speeding problem or even I didn't get any warning first time this happens.
I just want to get a bit more understanding of what I could possibly be facing punishment wise. Any advice would be greatly appreciated.
 
The potential sentence will depend on what offence the police charge you with (if any) and also what your blood reading comes back as. The police have taken a blood sample because the two breath readings were too far apart and are therefore considered unreliable. Because the breathalyser was not giving a reliable indication of what your alcohol level was, it is impossible to estimate what your likely blood reading will be. It is possible that this will come back under the limit, if not then the actual reading will determine the likely sentence.

Should the police charge you then from the information provided you may have a defence. If they were to charge you with drink driving you could plead not guilty on the basis that you had not driven the vehicle whilst over the limit. If you are charged with being drunk in charge of a vehicle, it is a defence if you can demonstrate that there was no likelihood of you driving whilst over the limit. If you were intending to stay at your friends house overnight then it may well have been the case that you would have been below the legal limit before you were next going to drive.

For the time being you will have to wait to see whether your blood specimen comes back over the limit. If so you can then look whether you wish to pursue a defence, or simply present mitigation to try and minimise the sentence.
 
1) I will be attending bail soon but I wanted to clarify whether the result of the blood sample is given on the day and a decision is made straight away or if the decision is made on a later date in Court?
2) What kind of evidence is required? Would a letter from the friend who was present at the time of the incident be sufficient evidence?
3) If the blood results comes out as being over the limit then is there an option of paying a fine and taking off points instead of getting my license banned? Could doing community work, or doing a course be other options to prevent getting my license taken off.
4) In a case of pleading guilty is a letter required or is word of mouth enough?
 
The police should give you the result of your blood sample when you attend the station. If this has not yet been analysed for any reason then they will re bail you to attend on a later date. If you are over the limit then you will be charged, if not then you will be released.

If you are intending to argue this point at Court then you would need to serve a formal statement from your friend. Alternatively he could attend Court to give evidence in person, you would still have to provide his details to the prosecution so that they can carry out a background test.

If you are prosecuted for being drunk in charge of a vehicle then the lowest end of the sentencing guidelines enables the Court to impose penalty points rather than a disqualification. If you are prosecuted for drink driving this carries a mandatory disqualification.

If you plead guilty you can do this verbally in Court.
 
1. I have had my license for a year now so how many penalty points will be imposed on to my license?
2. I currently have six points on my license so if more than six penalty points are imposed on to my license then what will be the outcome of this?
3. If I receive my blood sample result on the bail date and the result comes out as being over the limit, will I get charged immediately or be called in on a later date?
 
The minimum the Court can impose for being drunk in charge of a vehicle is 10 penalty points. As you are within the first 2 years of having passed your test then you licence will be revoked and you would have to retake both your theory and practical tests.

If you have 6 or more penalty points endorsed on your driving licence within the first 2 years of passing your test then your licence is revoked. As you already have 6 penalty points you will also fall foul of the totting up procedure and the Court will impose a 6 month disqualification unless you can demonstrate that this disqualification will cause exceptional hardship.

Both of the above scenarios assume that you will in fact be charged with being drunk in charge of a vehicle and that you are sentenced at the lowest end of the guidelines.

If your blood sample is over the limit when you attend the station then they will charge you with an offence and bail you to attend Court at a later date, usually the Court date is 2-3 weeks after you are charged.
 
I attended bail date and received my blood sample result (135mg) and I have been asked to attend court after two weeks.
When I attend court what type of documents are required (Friends formal letter, blood sample report etc) and do I bring the documents with me or do I submit it beforehand?
Is there any other way from preventing my license getting banned?
If it ends up with getting my license banned then how long will I have to wait before getting a new license?
So far I have not had any points opposed onto my license so if they charge 10 points, how long will it take to become 0?
During this period of time will I be able to drive?
 
I assume that the police have in fact prosecuted you for being drunk in charge of a vehicle rather than drink driving? (This will be confirmed on your charge sheet).

They type of documents required very much depend upon how you are approaching the matter. If you have been charged with being drunk in charge of a vehicle and are looking to mitigate the sentence then various documents would be helpful. The Court will provide you with a financial means form on the day of the hearing which will be used in the calculation of your fine. It would also be advisable to bring references from friends/family/co-workers confirming how much you rely on your licence and the impact that a disqualification would have. You can also draft your own letter to the Court, or make written notes to assist you with any verbal representations.

The endorsement of 10 penalty points will not result in a disqualification. However your driving licence will be revoked if this happens as you have passed your test within the last two years. You would then have to complete both your theory and practical test again before you could drive.

Penalty points stay on your licence for 4 years, but are only relevant to a penalty points disqualification for 3 years.
 
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