Drunk/drug in charge

In Charge of A Vehicle With Excess Alcohol or Drugs

Auriga Advocates are specialist solicitors in offences of being in charge of a vehicle with excess alcohol or drugs. If you are facing an offence when you were not driving your car, you will be wondering if you have a defence! Well, we are here to help you defend your licence, put your mind at rest and speak to one of our drink/drug drive specialist solicitors.

If you have been approached by the police when you are not driving your car you will be confused and probably upset at having to provide a roadside sample for alcohol or drugs and if, positive a further specimen at the police station, after all you were not driving why should you be charged with anything?

The answer is that it is an offence to be in charge of a vehicle with alcohol or drugs above the prescribed limit. This is to prevent drivers who, are not actually driving but may be inclined to try drive whilst they are above the limit, giving into temptation.

However, if you are charged with an offence of being in charge all is not lost as there are clear defences to this offence and even if convicted it will not necessarily result in a ban.

Being charge of a vehicle with excess alcohol/excess drugs

We have a lot of clients who are arrested whilst sleeping it off in their car after a night out. In these cases they are usually charged with an offence of being in charge with excess alcohol if you provide a specimen for analysis which is over the limit.

It can seem very unfair and many people do not realise it is an offence. However, the penalty for being in charge is not as severe as an offence of drink/drug driving.

Will I get banned?
You may possibly get banned from driving as the court have a discretion to impose a disqualification.

The sentence if convicted of being in charge of a vehicle with excess alcohol is up to 3 mths imprisonment, £2,500 fine , a discretionary disqualification and if not imposed 10 penalty points.

To get the best possible result for you and to find out if you may be disqualified you should speak to one of our specialist solicitors.

Do I have do as the police ask even though I was not driving or not in my vehicle?

You can still be held to be in charge of a vehicle even if you are not in it.

You will be held to be in charge if you are close to your vehicle and have the keys.

If you are in your car but not driving you will still be held to be in charge.

The police are entitled to request a roadside breath test and a specimen for analysis and if you fail to co-operative even if you think you are in the right you will face an offence of failing to provide so it is imperative that you co-operate as politely as possible with the police to ensure you avoid further offences and are processed quickly through the police station.

How can Auriga Advocates help me?
  • We can help to alleviate all the worry and anxiety that facing an offence of being in charge with excess alcohol can cause by giving free initial advice
  • We can support you even before you are charged by providing representation at a police interview. Click HERE for more information about police station interviews.
  • We will review the evidence against you meticulously and keep both the prosecution evidence and your defence evidence under constant review.
  • We will keep you informed every step of the way.
  • We will answer all of your questions and concerns.
  • We ensure that you get the best representation in court because we only used advocates we know and trust.
  • If you are pleading guilty we will ensure that you have evidence in support of your mitigation and expert representation to secure the best result possible
  • We will listen and support you all the way without extra charge
  • We will agree a fixed fee so that you have peace of mind financially and we also have payment options to spread the financial burden.

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were fantastic. From the first telephone conversation where I enquired about the services and cost involved everything was totally clear. Both Andrea and Lloyd who I dealt with were professional but warm, reassuring and were always available to answer any concerns or questions I had. Right up until the day I entered court they were there for me. My barrister who represented me in court, Lisa, was again also fantastic.
Right down to value for money (and I did look around) I really cannot fault the service I got from Auriga Advocates.

Auriga Advocates

keep; you well informed with your current status and give you the confidence to appeal for a better outcome toward your case. I would recommend them to anyone needing help and reassurance to what sometimes can seem a time of hopelessness and despair

Auriga Advocates Ltd is a limited company,
registered office Electra House, Electra Way, Crewe, CW1 6GL, telephone number 01270 509496
Registered No 08928546 and is a law firm authorised and regulated by Solicitors Regulatory Authority SRA No 614279.
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