Charged with Drink Driving but not driving?

[Oh What Have I Done?]

Has anyone ever been charged with DD (Scotland btw) when sat stationary in a car park, in drivers seat yes, and actually managed to escape a conviction?

I’d drank in the car park of my local shops, knew I couldn’t drive, thought I would wait until I was safe to either drive or walk home, dozed off.
Didn’t even think that this was a violation. I know otherwise now obviously.

 

[sighingforlife]

Has anyone ever been charged with DD (Scotland btw) when sat stationary in a car park, in drivers seat yes, and actually managed to escape a conviction?

I’d drank in the car park of my local shops, knew I couldn’t drive, thought I would wait until I was safe to either drive or walk home, dozed off.
Didn’t even think that this was a violation. I know otherwise now obviously.

Yes there are plenty of cases of this.

You'd be best off to seek qualified legal advice though (there is a separate forum for that here if you like), as you'll be wanting to defend the drink driving charge.

It is an offence to be drunk in charge of a vehicle, which would normally be quite easily made if sat in the driver's seat having been drinking in the car park. The penalties are less for drunk in charge, but if you were breathalysed on an evidential device and it was a very high reading, a disqualification may still be an option.

In either case I'd speak to a solicitor.

Be aware that if you Google this enough you'll find sentencing guidelines for both of these offences - these only apply to England and Wales, not Scotland (though it's perhaps a useful rough guide). In particular our fines are calculated quite differently.

 

[WinterSnow]

Has anyone ever been charged with DD (Scotland btw) when sat stationary in a car park, in drivers seat yes, and actually managed to escape a conviction?

I’d drank in the car park of my local shops, knew I couldn’t drive, thought I would wait until I was safe to either drive or walk home, dozed off.
Didn’t even think that this was a violation. I know otherwise now obviously.

When I was found by the police, I was in the drivers seat but the keys were on the passenger seat. The radio was on but the engine wasn’t running. I wasn’t charged with drink driving but instead with In Charge of a vehicle but due to a severe mental health crisis and over dose; the CPS dropped the case as there was no evidence I was going to drive. Arrested in June 20, charged November 20, advised to plead not guilty in Feb 21 and CPS dropped the case two days before court in August 21.
I hope you can get the charge reduced

 

[UnluckyKid]

Has anyone ever been charged with DD (Scotland btw) when sat stationary in a car park, in drivers seat yes, and actually managed to escape a conviction?

I’d drank in the car park of my local shops, knew I couldn’t drive, thought I would wait until I was safe to either drive or walk home, dozed off.
Didn’t even think that this was a violation. I know otherwise now obviously.

Read through my threads on here – I’ve covered a similar (ish) situation before.

You’re unlikely to be convicted of drink driving unless the police can prove you were actually driving the car — that usually means CCTV, witnesses, or some other direct evidence (and if they had that, it would likely have come up in your interview, so they probably don't).

What you might face is a “drunk in charge” offence, which is a lower threshold. But even then, you can defend it if you can show there was no realistic chance you were going to drive while still over the limit.

Definitely get proper legal advice — a good local solicitor will be able to guide you through this. 100% worth the money.

Best wishes with it all!

 

[Oh What Have I Done?]

Read through my threads on here – I’ve covered a similar (ish) situation before.

You’re unlikely to be convicted of drink driving unless the police can prove you were actually driving the car — that usually means CCTV, witnesses, or some other direct evidence (and if they had that, it would likely have come up in your interview, so they probably don't).

What you might face is a “drunk in charge” offence, which is a lower threshold. But even then, you can defend it if you can show there was no realistic chance you were going to drive while still over the limit.

Definitely get proper legal advice — a good local solicitor will be able to guide you through this. 100% worth the money.

Best wishes with it all!

Thank you so much for the reply.
There was CCTV of me driving into the car park, so I know that looks damning.
Can you link any threads that I can read?
X

 

[Oh What Have I Done?]

When I was found by the police, I was in the drivers seat but the keys were on the passenger seat. The radio was on but the engine wasn’t running. I wasn’t charged with drink driving but instead with In Charge of a vehicle but due to a severe mental health crisis and over dose; the CPS dropped the case as there was no evidence I was going to drive. Arrested in June 20, charged November 20, advised to plead not guilty in Feb 21 and CPS dropped the case two days before court in August 21.
I hope you can get the charge reduced

Thank you so much for the reply.
I don’t want to hope, Y’know?
Did you have to get toxicology tests etc?

 

[Oh What Have I Done?]

Yes there are plenty of cases of this.

You'd be best off to seek qualified legal advice though (there is a separate forum for that here if you like), as you'll be wanting to defend the drink driving charge.

It is an offence to be drunk in charge of a vehicle, which would normally be quite easily made if sat in the driver's seat having been drinking in the car park. The penalties are less for drunk in charge, but if you were breathalysed on an evidential device and it was a very high reading, a disqualification may still be an option.

In either case I'd speak to a solicitor.

Be aware that if you Google this enough you'll find sentencing guidelines for both of these offences - these only apply to England and Wales, not Scotland (though it's perhaps a useful rough guide). In particular our fines are calculated quite differently.

Thank you so much for the reply.
I have been googling like mad obviously, and my mind is a mess.
Contacting solicitors today, but don’t want to hope Y’know?
Feeling such a fool just now for not knowing that the law

 

[UnluckyKid]

Thank you so much for the reply.
There was CCTV of me driving into the car park, so I know that looks damning.
Can you link any threads that I can read?
X

Click on my profile and you'll see my thread?

When you was arrested, did the police find alcohol with you/in the car? And this is in their witness statements? This would help prove you drunk after you arrived/parked and not before, probably.

With looking at solicitors - dont fall for any of the really expensive motoring conviction experts, 99% a scam. Find just a local criminal defence solicitor to you and they'll be just as good (if not better) and more than half the price.

Best wishes.

 

[Xeronema]

Can you link any threads that I can read?

In case you can't find it, through UnluckyKid's user profile, here's the thread: https://forum.drinkdriving.org/threads/drunk-in-charge-outside-home.175511/