Being in Charge of a Motor Vehicle Whilst Unfit

Being in charge of a motor vehicle when the proportion of alcohol in your breath, blood or urine exceeds the prescribed limit

In order to secure a conviction against you for this offence, the Police or the crown prosecution service, will need to prove that you were in control of a vehicle or intended to assume control of a vehicle, whilst you were over the prescribed limit.  The crown prosecution service do not have to prove that the vehicle was driven. For example, if the crown prosecution service can show that you were sat in a car and had possession of the keys, then it could be said that you were in charge of that vehicle.

General criminal defence solicitors, may not appreciate the possible defences available and how to go about adducing expert evidence to defeat such a charge. For example, specialist drink drive solicitors will advise you of the basic defence to an allegation of being drunk in charge, that if you can show there was no likelihood of you driving whilst the proportion of alcohol in your breath, blood or urine exceeded the legal limit, you would have an arguable defence. However, this would need to be substantiated by expert evidence and specialist drink drive solicitors will have experts that they regularly work with, with whom they may have preferential rates for expert reports.

In addition to the basic defence explained above, as specialist drink drive defence solicitors we will also analyse the facts of your case to determine how your case should be contested. To this end, we will consider:

 

Were you on a road or other public place;

 

Can the prosecution prove that you were on a road or other public place;

 

Can it be argued whether the equipment used to conduct the breath test was reliable (e.g. calibration and maintenance);

 

 

Smiling woman receiving keys from someone in a car shop

Was the equipment used to conduct the breath test legal, i.e. was it modified;

 

Can the breath specimen be relied upon (i.e. gastric reflux or alcohol residue in the mouth);

 

Can the specimen used be relied upon.

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