no witness to drink driving?

[angus82]

Where would someone stand if the police had only seen them at the side of there vehicle, no engine running etc under the influence of alcohol? and the police could not prove that they had driven the car? but they were under the influence of alcohol but had no intention of driving car?

The vehicle was on a unused road.

 

[Michael Lyon]

Dear Angus,

For a charge of drink driving to be made out, the Court would have to be satisfied beyond a reasonable doubt that a person was driving or was attempting to drive whilst over the limit - (contrary to section 5(1)(a) of the Road Traffic Act 1988).

A more likely charge therefore, is 'drunk-in-charge' (contrary to section 5(1)(b) of the Road Traffic Act 1988). Both offences can only be committed on a road or other public place.

There is a statutory defence to the charge under section 5(2) of the Road Traffic Act 1988 that there was no likelihood of a person driving whilst the proportion of alcohol remained likely to exceed the prescribed limit.

The Court must be satisfied on a balance of probabilities that there was no likelihood of driving whilst over the limit. The question of when the level of alcohol in your system would have fallen below the prescribed limit is for an expert toxicologist to answer and a report ought to be instructed for the benefit of the Court.

Should you require further information, please do not hesitate to contact our office on 0141 550 1074 or visit our website http://www.theroadtrafficlawyer.com

For your ease of reference, the penalties are as follows:

Drink Driving Penalties

Offence	Range of Sentences
Being in charge of a vehicle while above the legal limit or unfit through drink or drugs	3 months’ imprisonment up to £2,500 fine10 penalty pointsdiscretionary disqualification
Driving or attempting to drive while above the legal limit or unfit through drink or drugs	6 months’ imprisonment up to £5,000 finea ban from driving for at least one year (three years if convicted twice in ten years)

 

[angus82]

How could you prove you had no intention of driving the vehicle whilst over the limit?? If a report has been sent to the cps for the above crime?

i was arrested for drink driving, but then i said it wasnt drink driving? i blew 60 at roadside then 1 hour later 43/36 so had to have blood test a hour later. Then I was realised with no bail etc? just said it would be referred to fiscal.

The vehicle wasnt driven and the police have no proof to say so otherwise,no witnesses etc.

 

[Michael Lyon]

Dear Angus,

The Crown do not have to prove your intention to drive. The Court must be satisfied that there was no likelihood of you driving whilst over the limit.

Likelihood and intention are different matters.

If you would like to discuss matters in finer detail, please feel free to contact our office on 0141 550 1074. Our initial telephone consultations are free.

 

[angus82]

Why would the police have realised me without charge then??

 

[Michael Lyon]

It is very straightforward, the Police have sent your blood sample to their lab to be analysed. If it shows that you were over the limit, you will receive a Citation for Court. If you were under the limit, you will hear nothing further.