Drunk in charge is committed if:
"a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence"
Each case is different, but this offence is usually charged when someone is found inside a vehicle whilst over the drink drive limit, but not driving. Often offences arise when motorists sleep in their vehicle after drinking with no intention of driving.
A defence to being drunk in charge is for the motorist to prove there was no likelihood of him driving whilst over the drink drive limit. This is a matter of fact and should be argued by an expert solicitor on your behalf. Of course, other defences include not being over the limit in the first place. Either way, we can help present your case in court.
When sentencing for this offence, the Court will refer to the sentencing guidelines, which can be found here.
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