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Defending a ‘Drunk In Charge’ Offence


Accused of being Drunk in Charge of a Vehicle . Section 5(1b)

Under section 5(1(b)) of the Road Traffic Act 1988 it is an offence for someone to be ‘drunk in charge’ of a motor vehicle. Thus one does not need to be driving to be convicted of an offence of this nature.
Conviction for this offence carries with it a minimum of ten penalty points or discretionary disqualification and up to three months imprisonment. The seriousness of a charge of this nature cannot be underestimated.

Although it is a defence to establish on the balance of probabilities that you did not intend to drive this is a technically complex defence which can often be difficult to establish.

Any person charged with an offence of this nature should seek advice from an expert road traffic lawyer as a matter of urgency.


Click on the links below to see our sample 'Drunk in Charge' cases:

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