In charge with excess / previous driving over limit

[FatMark]

Hi, in May 2014 I was convicted of drink driving -which I admitted guilt to, and subsequently banned for 32 months (less 25% with course), given a suspended sentence of 8 weeks and given 12 months probation - due to an accident and blowing 134. This week I was arrested for being in charge of a vehicle with excess alcohol, which I denied, however I was charged and bailed to appear in court next month. My question is, does this 'in charge' count as a previous drink/drive conviction with regards to the sentence I will receive if convicted? Looking at the guidelines, in isolation the sentences are vastly different (I blew 117) and the guide starts at 10 points or a ban of up to 3 months. However, if the previous drink/drive is taken into account, the ban starts at 3 years and the previous conviction could count as an aggravating factor. The circumstances in this case were that I was only in the car getting my jacket, the police turned up saying I was seen asleep at the wheel for over half an hour. The key was not in ignition, and I had only just returned to the car after walking from the shops and drinking a bottle of wine. My plan was to consume more wine whilst sitting in a local park and I had no intention of driving.

 

[SeanJoyceStephensons]

The statutory minimum 3 year ban for a second offence does not apply to an allegation of 'drunk in charge'. This is not considered a 'relevant offence' for this purpose.

The penalties will be considered on the basis of the guidelines for a first time offender of an offence of this type. If, however, there was no intention to drive, that would amount to a statutory defence. I would recommend speaking to a specialist to discuss your options in more detail. You can do so on 0333 200 9858