“In Charge of a motor vehicle”

Convicted Driver Insurance

Penbull78

New Member
Good Afternoon

My brother has received a notice of criminal charge sheet stating “between xxxx date you were in charge of a motor vehicle, after consuming so much alcohol that the proportion of it in your breath, namely 80 miligrammed of alcohol” etc etc.

is it correct that this is not the same as being charged with drink driving? He was arrested at a friend’s home and not in the car and denies driving. What is the guidance on penalties if found guilty?
 
The offence he is charged with is just what it says: “in charge of the vehicle whilst over the legal limit.”
For that offence it doesn’t matter that he wasn’t driving, but it has to be proved that he was in control of the vehicle in the sense of proximity to it and the keys being readily available to him.
It can be a defence to an ‘in charge’ offence to show that, on the balance of probability, he was not likely to drive the vehicle whilst still over the legal limit.
Even if he is convicted, the punishment is 6 months ban (rather than a minimum of 12 months for drink driving) or if a ban is not deemed to be appropriate then 10 points are given.
One other thought, to be arrested at a friends house, I presume there had been some sort of incident... police chase or an accident. If they do serve him a notice under S172 requiring him as the keeper to state who the drive was at the time of whatever it was, he commits an offence that carries 6 points if he doesn’t respond and insurance companies frown on an endorsement on the licence for that offence.
 
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