Drunk in Charge
Drunk in charge.
A different offence, and a different answer.
Being in charge of a vehicle while over the limit is not the same offence as driving, and it does not carry the same mandatory ban. The statutory defence of no likelihood of driving is often the heart of the case.
At a glance
s.5(1)(b) RTA 1988The legal framework
The headline reference for this service is s.5(1)(b) RTA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.
The issues I examine
Clarity first.
Then light at the end of the tunnel
Whether you were in charge at all, and whether you were going to drive, are both open to argument.
- No likelihood of driving
- If you can show there was no likelihood of your driving while over the limit, a statutory defence is available. Expert evidence is often needed.
- Whether you were in charge
- Proximity to the vehicle, possession of the keys and your intentions are all relevant. Being near a car is not, by itself, being in charge.
- The reading and the procedure
- The same evidential and procedural points that arise in a driving case arise here.
- Avoiding disqualification
- Disqualification is discretionary rather than mandatory, so there is real scope to argue for points instead of a ban.
Sentencing and possible outcomes
The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.
| Potential outcome | What this means |
|---|---|
| 10 penalty points | Or discretionary disqualification |
| Up to 3 months’ custody | Most serious cases |
| Statutory defence available | No likelihood of driving |
What to share with me
- Any notice, letter or charge paperwork you have received
- The dates and location of any hearing or interview
- Your account of what happened and any supporting documents
- Photographs, messages, receipts, witness details or other material that may support your account
- Details of your driving record and how a conviction or disqualification would affect other people
- Your main concerns and the questions you want answered
Personal representation
When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.
Explore all areas of practiceYour next step
Free initial consultationYour questions matter.
Let’s talk them through.
You don’t need all the answers.
Just start with what’s happened.