- Business transport offences
- Careless driving
- Dangerous driving
- Drink driving/excess alcohol
- Drunk in charge
- Exceptional hardship
- Mobile phone use
- Notices of intended prosecution
- Penalty points/totting up
- Remove disqualification
- Special reasons
- Speed cameras and furnishing information
- Traffic light offences
Drunk in Charge
It is an offence to drive, attempt to drive or be in charge of a mechanically propelled vehicle in a road or public place while unfit through drunk or drugs.
There may be cases where it cannot be proven that the driver has driven the vehicle, but it may be alleged that he was in charge.
Whether a person is “in charge” is a matter of fact and degree, but there are two distinct classes of cases: -
- If the defendant was the owner or lawful possessor and had recently driven the vehicle, he would be “in charge” and the question would be whether he was still in charge or had relinquished his charge.
- If the defendant was not the owner, lawful possessor or recent driver, but was sitting in the vehicle or otherwise involved with it, the question was whether he had assumed being in charge.
We are able to advise you about the circumstances which may or may not lead a Court to reach a conclusion about whether or not there was control and weather or not the circumstances of the case afford a defence.
Whereas driving a vehicle with excess alcohol carries a mandatory disqualification on conviction (subject to special reasons) a conviction for being drunk in charge carries a discretionary disqualification.
Whether a driver is unfit would depend upon evidence of impairment.