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Drink drive offence

Innocent in SE

New member
On the 9th of December 2019, I was parked and waiting for a friend who was meant to drive me somewhere. I opened my boot of my car to take something from it. Then the police came around they decided to give me breath test which I failed on the spot.
They took me to the police station to do another breath test which I failed. They got a duty solicitor who advised me not to say anything because, in her words, ‘we do not know what they have’. They said they would investigate the matter.
A few days ago, I got a letter in the mail. In it they confirmed they have charged me with drink driving over the limit.
In the charge letter they claimed I was driving, which I wasn’t.
What I don’t understand is how can I be done for drink driving when I wasn’t driving?
Please is there anyone who can advice me on how to proceed?
Thanks guys,
Worried in SE.


TTC Group
Is your friend able to give evidence that you had asked them to drive your vehicle, that he was going to do so... and you can show that he is insured to drive it?
Where was the car. If it was outside your house then this could be credible. If it was outside your friends house, or somewhere else, how do you explain how it got there f you didn’t drive it?
The fact that you were asked interviewed about what happened shortly after the events, but failed to mention that your friend was going to drive, whilst not fatal to your case, is sure to be brought up by the prosecution at a trial.
Being sat in the car, over the limit, is not actual driving for drink driving purposes.Possibly it would be more appropriate for the police to charge you with being “drunk in charge” of a motor vehicle, but there is a defence to that where you can demonstrate that, on the balance of probability, “There was no likelihood of driving the vehicle whilst still over the legal limit.”
What was you reading in breath at the police station?

Innocent in SE

New member
Thanks TLC Group.
I am hoping he will be able to give evidence, if he can get back to the UK as he can’t fly back due to the covid 19 restrictions but worse case scenario, I might be able to get his insurance details if he isn’t able to make it to court on time for the trial.
He is a comprehensive insurance driver, doesn’t this allow him to drive other cars?
I was parked at the junction not far from his home, he was meant to walk up to where I was parked (relationship issues).
I’m not saying I didn’t drive it, but while I was waiting for him I went to the boot where I was standing and had a few drinks at the boot of the car, that’s when the police turned up.
In hindsight, I should have told the police during the interview but the duty solicitor advised me not to say anything.
The police said, my breath namely 50 microgrammes of alcohol in 100 millilitres of breath.
The offence “drive motor vehicle when alcohol level above limit”.
From what you’re saying, I was drunk in charge.
Please any idea of what my chances are or should I just plead guilty?