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 team of experts.

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.

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.

Being charge of a vehicle with excess alcohol or excess drugs

 

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

 

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.

  • Auriga Advocates have been extremely helpfully, very professional to the highest of standards. My case was dealt with quickly, efficiently and thoroughly. I was given all the relevant information to make an excellent and informed decision for the best possible outcome. Andrea has an extensive knowledge regarding drink drive offences and court in general. I would highly recommend her to anyone with confidence that she would be able to get the best possible outcome.

    Mr L Cheshire

  • I would like to thank you for all your help and support over the last few months both in and out of court, knowing I could contact you if ever i had any questions was very reassuring and made this whole ordeal a lot less stressful, for that I cant thank you enough.

    I found your representation in court excellent, resulting in the lowest possible disqualification and fine I could have received.

    I really appreciate all the work you put into my case thank you. 

    Ms S   CHESHIRE

  • At times I was unable to go to Auriga’s office, so in turn Andrea came to my home, which took away a lot of the stress.

    Throughout , Andrea was very supportive and showed tremendous dedication.

    Andrea put an excellent defence case at my court hearing, which resulted in a small fine, and a reduced driving disqualification.

    I cannot thank Andrea enough for the professionalism and support she gave to me. I would highly recommend Andrea to anyone in the future.”

    Ms W, Cheshire

  • I came across Andrea via the Website, and after reading the testimonials I decided to make an appointment with Andrea. From that very first meeting I found Andrea very  knowledgeable and professional in her field. Andrea is also a caring, friendly and compassionate person, always at the end of the telephone if I had any questions or queries.

  • I wanted to write to thank both yourself and Tony for your amazing support and performance during my recent drink drive charge. I was thoroughly impressed with you both and will happily recommend you to anyone that may be facing driving convictions in the future.

    Mr C Cheshire ( March 2016)

  • The service I received was exemplary I couldn’t have received the result I got without her expertise! I was so impressed with the ultimate result and the friendly help and advice I recieved from Auriga I feel it was money well spent!

    Mr B, Northants  (June 2016)

  • Just a short note to say thank you to you both for your help, assistance and professional guidance in relation to my court case.At all times I felt that you were very much acting on my behalf and supporting him. (drug driving – October 2016)

    Mr L Staffordshire