Charged with Drunk In charge, told I have a defence.

Convicted Driver Insurance

Ben2522

Member
Hi, I appreciate any guidance. I was arrested this sunday early morning of being drunk n charge of a vehicle.

I went out on the saturday and got a taxi into leeds on the evening. In the early hours I left a casino and although not proudly I asked some people on the street if they knew where I could buy cocain. I was told to get into a car that was parked up not far from where I asked the person on the street. I approached the car and was told to get into the car. The car was full of other people and the only spare seat was the drivers side. I was worried for my safety. I got into the car with the intention to buy cocain and had no knowledge of where the keys were. I was very drunk but after some period of time the police knocked on the window and arrested me for not providing a specimine. The car was not running although the lights were apparently on. I do not own the car and do not know the people in the car. The police have verified this. Originally I was told I had been arrested for not providing a specimen but once at the police station I provided a breath sample of 89. I requested a blood test but the police office refused saying that I wasnt getting a blood test. I was held in custody for 12 hours before being interviewed where I told all of the above events and said I had no intention of driving because i didnt and that I am not guilty. The police asked me if I knew where the keys were and I said no and that I had not touched any keys. The police then told me the keys were in the ignition, I had no knowledge of this, the key were not mine. My intention was to buy the cocaine and leave. I was arrested for drink driving just under 5 years ago and took the course. I learned my lesson and was in the wrong place at the wrong time this time. Surley the person who owns the car and was in the car, and was sober was the one in charge of the car regardless of where they were sat? I recollect no conversation which stated that the person who drove the car to the point where it was parked already had given me control or care of the car. I am at my whits end and will lose my job and probably my house because I cant pay my mortgage due to no job.

My solicitor thinks I have a reasonable defence but I have no faith in the law and am exceptionally worried. I appreciate the cocaine is a terrible factor here but that was my intention and not to drive. please help.
 
I am not going to judge what you say you were doing, just make some observations.
“I approached the car and got in the drivers seat because that was the only one available” seems rather implausible. People with drugs in the car would want to keep the drivers seat occupied in case they saw the police.
Not having done this myself, I would think that Buying cocaine should be a quick process because of the risks involved.... but you say “I was very drunk but after some period of time the police.......” suggesting that it was not a quick “in and out”
What did you say when you refused in the car? I expect you did not mention drugs but said something like: “why should I, it’s not my car....” I would have expected the police to have checked out the other occupants of the car. Do you know the outcome of that? - was that put to you in interview? Did they say who owns the vehicle?
What explanation did you give to the police for being in the car in the interview? If you made no mention of the circumstances you are relating now, after being cautioned that “It may harm your defence if you do not mention now something that you later rely on in court” then it may be seemed to be a made up story when you present it at court.
Normally you do not have to give evidence to defend yourself, it is up to the prosecution have to prove your guilt, but for this “in charge” offence all the ingredients of the offence are there and you have to present evidence to show your innocence or you are guilty.
Being in charge of the car can be just sitting in the drivers seat, especially if the keys are in the ignition. It can be a defence to satisfy the court that you had no intention of driving the car whilst over the limit.
 
I am not going to judge what you say you were doing, just make some observations.
“I approached the car and got in the drivers seat because that was the only one available” seems rather implausible. People with drugs in the car would want to keep the drivers seat occupied in case they saw the police.
Not having done this myself, I would think that Buying cocaine should be a quick process because of the risks involved.... but you say “I was very drunk but after some period of time the police.......” suggesting that it was not a quick “in and out”
What did you say when you refused in the car? I expect you did not mention drugs but said something like: “why should I, it’s not my car....” I would have expected the police to have checked out the other occupants of the car. Do you know the outcome of that? - was that put to you in interview? Did they say who owns the vehicle?
What explanation did you give to the police for being in the car in the interview? If you made no mention of the circumstances you are relating now, after being cautioned that “It may harm your defence if you do not mention now something that you later rely on in court” then it may be seemed to be a made up story when you present it at court.
Normally you do not have to give evidence to defend yourself, it is up to the prosecution have to prove your guilt, but for this “in charge” offence all the ingredients of the offence are there and you have to present evidence to show your innocence or you are guilty.
Being in charge of the car can be just sitting in the drivers seat, especially if the keys are in the ignition. It can be a defence to satisfy the court that you had no intention of driving the car whilst over the limit.
Hi. Thank you for replying. In answer to your questions.
1. There were 4 other people in the car and I approached the drives side to speak with the driver because I thought they would be best to speak with regarding the drugs. I dont remember exactly but I can only assume that, that person moved over one seat. I really dont know. Do people with drugs in a car want to be in control of a vehicle if the police come? No idea on that one.
2. yes, buying cocain is a quick process and I really dont know how long I was in the car, I never touched the keys or had any awareness of them and the car was not on at any point. the police asked me about the keys and I said I didnt know, its not my car or keys. The keys could have been in the ignition before I entered the car for all I knew. the police informed me where the keys were. I had no idea. If I was in the car some time but didnt drive then surley that suggests that I wasnt intending to drive. I wasnt. I was buying the cocain and leaving.
3. yes I said the car wasnt mine and also told the police I was buying cocian and thats the only reason I was in the car. I have been completley open and honest with them. They told me well buying cocaine isnt illegal.
4. yes the police confirmed to me what I told them that the car wasnt mine, I am not from the area and I do not know anyone from the car. I never saw them or it before. I got a taxi to the destination and left my car at home including the keys. I had enough money on me which was recorded to pay for my taxi home.
5. i stated in my interview that I beleived the person who owned the car and was sober was the person in charge of the car, regardless of where they were sat.
6. this really is wrong place, wrong time and its so frustrating becasue I really wasnt intending to drive under any curcumstance. I know the consequenses of doing so as I have been though it before and learnt my lesson.

The guidelines state based on my reading. Consider a ban or 10 points. I currently have 0 points. I am also pleading not guilty because Im not and never intended to drive under any circumstance
 
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Unfortunately, it's difficult for the police to determine whether your story is true, which is truly unfair but harsh realities of life.

The police can only go by the facts, which is that they saw that you were over the legal limit and in the drivers seat, with keys in the ignition.

I'm hoping you're able to fight this case though.
 
Should get 10 points worst case scenario!
If I were you get a half decent solicitor take your punishment points move along
 
“They told me well buying cocaine isnt illegal.” Well that is news to me.....

“ I beleived the person who owned the car and was sober was the person in charge of the car, regardless of where they were sat.” Sadly that is not what the law says. More likely to be the person sat in the drivers seat with the keys in the ignition.

I can’t help feeling that we do not have the full picture here. Why were the Police interested in the car in the first place, I wonder.
 
Should get 10 points worst case scenario!
If I were you get a half decent solicitor take your punishment points move along
Thanks for your message. Why do you think 10 points worst case just so I understand? Yea i'm solicitor'ed up already. No chance i'm taking this one lying down because i'm definitely not guilty. No intent. Didn't even know it was illegal if the person who owned the car and was sober in another seat. Anyway Ill take it all the way if I have to and further. Bastards.
 
“They told me well buying cocaine isnt illegal.” Well that is news to me.....

“ I beleived the person who owned the car and was sober was the person in charge of the car, regardless of where they were sat.” Sadly that is not what the law says. More likely to be the person sat in the drivers seat with the keys in the ignition.

I can’t help feeling that we do not have the full picture here. Why were the Police interested in the car in the first place, I wonder.
The police were called by the casino I was just thrown out of lol. Because of a drunk man getting into a car. I.e me. I feel like I have been set up but prob not.
 
“They told me well buying cocaine isnt illegal.” Well that is news to me.....

“ I beleived the person who owned the car and was sober was the person in charge of the car, regardless of where they were sat.” Sadly that is not what the law says. More likely to be the person sat in the drivers seat with the keys in the ignition.

I can’t help feeling that we do not have the full picture here. Why were the Police interested in the car in the first place, I wonder.

ITs very interesting what the law says, Its intentionally vague to cover as many bases as possible. If they choose, you can be asleep in the back smashed without the keys and still be drunk in charge. as you may have driven upon waking over the limit. OR getting pissed in the kitchen and going to get a cd from your car and bang, you done.

Silly law and based on the polices opinion of your intent to drive and not absolute facts. They want it all to suit them.
 
ITs very interesting what the law says, Its intentionally vague to cover as many bases as possible. If they choose, you can be asleep in the back smashed without the keys and still be drunk in charge. as you may have driven upon waking over the limit. OR getting pissed in the kitchen and going to get a cd from your car and bang, you done.

Silly law and based on the polices opinion of your intent to drive and not absolute facts. They want it all to suit them.

I'm personally quite fearful in that regard, now that some of us have a drink driving conviction under our belts the idea of an additional unintentional action such as simply getting a CD or laptop bag from the car boot after having a few with work colleagues despite the intention of leaving the car wherever it's parked - could land you in further trouble.

Stressful, although it can be fought it's a horrible thing to think about.
 
I'm personally quite fearful in that regard, now that some of us have a drink driving conviction under our belts the idea of an additional unintentional action such as simply getting a CD or laptop bag from the car boot after having a few with work colleagues despite the intention of leaving the car wherever it's parked - could land you in further trouble.

Stressful, although it can be fought it's a horrible thing to think about.

That is the scary thing!

Although what you said has brought this hypothetical situation into my head. Anyone who is more knowledgable on police procedure and the law please feel free to pick this apart.

Say for example you have had a barbecue at home for just a few friends or work colleagues on a Saturday afternoon, you’ve all had a few drinks - enough to put you over the limit - and you decide that you really have to play that Phil Collins Greatest Hits CD that you got the other week but you left it in your car on the way home from work. You walk out of your door towards your car, with your car keys in your hand a bit wobbly on your feet from having been sat down for the past few hours and probably from the drink, and coincidentally, a panda car drives past your front door. Naturally, you make eye contact and given that the officers inside have nothing else to do on a Saturday afternoon and are on a routine patrol, they decide to conduct a random breath test on you. Given the fact that you’ve had 3 large cans of Stella and a few whiskeys later in the evening, you fail the breath test and are subsequently carted off down to the local police station on suspicion of being drunk in charge. At the station, you’re breathalysed again on the intoximeter and produce a reading of, say, 75. After this you’re charged with being drunk in charge and put into a holding cell due to not being sober enough to be interviewed and then it begins to sink in what has happened and what is probably going to happen. Once you’re deemed sober enough to be interviewed after a freezing cold few hours in the cell, you are put to interview whereby you are told that the police had received reports of a person matching your description intent on driving a motor vehicle whilst over the prescribed limit of alcohol. They noticed that you were unsteady on your feet and smelt of alcohol when confronted. All the time in the interview, you maintain the fact that you were solely walking to your car to get the CD and had absolutely no intention of going anywhere.

Although we all know that the sole intention of walking to you car was to get the CD, but how do you go about proving this, whereas the only thing the CPS have to do in court is prove that you had the car keys in your hand and you were walking towards your car.
 
why does the op druggy not get a letter of proof from the so called taxi driver who took him to Leeds, its a legal obligation to keep records, he will probably now state he flagged one down, which legally should be a black plate, who have cameras/well all taxis do now, even on busses, makes me wonder why he is crying out on this site, obviously his solicitor has no faith,
 
why does the op druggy not get a letter of proof from the so called taxi driver who took him to Leeds, its a legal obligation to keep records, he will probably now state he flagged one down, which legally should be a black plate, who have cameras/well all taxis do now, even on busses, makes me wonder why he is crying out on this site, obviously his solicitor has no faith,
Hi. The point is the car was not mine and i didnt know the people in it. The police have verified this and told me. I do not live in Leeds and so over 30 miles away.

Taxis line up on the side of the street all over where i am from and you get in one(no booking and he didnt take my name to record it..) In regards "crying out" im interested in if the defence I have, can create "reasonable doubt" as to my intention to drive. I.e the car being there was pure coincidence, I did not park it there with the intention of getting into it and driving. If it wasn't there then I wouldnt have been arrested. The drivers seat was the only seat free, the rest of the car was full, Did the driver scoot over to let me in?, If I wasnt escorted out of the casino, I would have stayed in the casino and the car probably wouldnt have been there when I left later in the day. Were the keys already in the ignition when i entered the car from the driver leaving them there? I have a lot of other things I can attribute to circumstance rather than intent. Another thing, if I wanted to drive, I would have driven my "own" car and saved myself £60 in taxis.

The reason I have reached out is because my case isnt your average case. almost all cases are a person has gone back to "their" car and done something with it or being in it. My point is, its not my car and its all coincidence. So much so It would look like i was set up... I havent been but a perfect set of circumstances had to line up for me to even be arrested.

Surley the above is enough to create doubt on intent...
 
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