Drunk in Charge Court Acquittal

Our client was in court for being drunk in charge of a vehicle. He pleaded not guilty on the basis that he had no intention of driving. This case highlights the importance of establishing intent in drunk in charge cases, which is often a crucial element that can make the difference between a conviction and an acquittal.

Case Background

On the face of it, the evidence against it appeared strong. He was seen getting into the driver’s seat with another occupant and had the keys in the ignition. The police were called and they attended the scene and breathalysed him at the roadside. He failed the breath test and was arrested.

The prosecution alleged that our client’s actions—being in the driver’s seat with keys in the ignition—demonstrated a clear intention to drive the vehicle while over the legal alcohol limit. This potentially could have resulted in a driving ban of at least 12 months, a substantial fine, and even imprisonment in certain circumstances.

The Evidence

CCTV evidence of the incident was produced by the police and there were multiple witnesses. Despite this seemingly overwhelming evidence, our client was clear that he would not have driven the car.

Court Proceedings

Our client was represented at trial by consultant solicitor David Swingler, who presented a compelling case to the magistrates. The defence focused on establishing that, despite appearances, our client had no intention to drive and had made alternative arrangements for transportation.

The Verdict

After hearing all of the evidence, the court declared that our client was honest and credible. The magistrates accepted that he had no intention to drive the vehicle while over the prescribed limit. He was found not guilty of the offence and was both delighted and relieved with the outcome.

Legal Implications

This case demonstrates that being found in the driver’s seat of a vehicle while over the legal alcohol limit does not automatically result in a conviction for being drunk in charge. The prosecution must prove beyond a reasonable doubt that there was a likelihood of driving while the alcohol level remained above the legal limit.

For a successful defence, it’s crucial to establish that there was no intention to drive until the individual would have been below the legal limit. Each case turns on its own facts, and professional legal representation is essential to present the strongest possible defence.

Conclusion

This successful outcome highlights the importance of seeking specialist legal advice when facing allegations of being drunk in charge of a vehicle. With proper representation and a well-prepared defence strategy, it is possible to secure an acquittal even when the initial evidence appears compelling.

If you find yourself in a similar situation, contact Pragma Law for expert advice and representation tailored to your specific circumstances.

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