Drunk in Charge - Section 5(1)(b)

Convicted Driver Insurance

DelioPontes

New Member
I was found in a public parking street in my car in the driving seat and with my Fob car key (the engine was not running)
I was breathalyzed and the result: 41 microgrammes of alcohol in 100 mililitres.

I have a previous drinking drive (+3 years ago) charge.

My charge is " Charge of a motor vehicle"
Legislation: 'Contrary to section 5(1)(b) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988'

Im very worried my previous drinking drive charge will give me a 3 years automatic ban.
But a friend told me because is inside the Section 5(1)(b) I will not have an automatic 3 years ban.

Can someone confirm or not this, please?
 
I was found in a public parking street in my car in the driving seat and with my Fob car key (the engine was not running)
I was breathalyzed and the result: 41 microgrammes of alcohol in 100 mililitres.

I have a previous drinking drive (+3 years ago) charge.

My charge is " Charge of a motor vehicle"
Legislation: 'Contrary to section 5(1)(b) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988'

Im very worried my previous drinking drive charge will give me a 3 years automatic ban.
But a friend told me because is inside the Section 5(1)(b) I will not have an automatic 3 years ban.

Can someone confirm or not this, please?
Your friend is correct.

In charge of a vehicle with excess alcohol is not an offence that will trigger an automatic 3 year ban.
 
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