Drunk in charge of vehicle defence

[BooSaidTheGhost]

DP and I had a stupid row which turned into a loud and heated argument late at night last weekend. Slamming doors and shouting, police were called by a neighbour. This has never happened before. We have always been able to resolve disagreements relatively calmly and both agree this must never happen again. He is devastated about how he behaved and how much he upset me, and I feel the same. We'd both consumed alcohol, him more than me but neither of us drunk. He went outside into the garden at my insistence to get some air and calm down. It was lashing down with rain, very windy and he took shelter in his car which was parked directly in front of our house on a private lane. The alarm kept sounding so he sat in the driver's seat and put the key in the ignition to disable it but didn't switch on the engine. The vehicle maker's app on his phone connected to the car shows a record of the alarm sounding and what time. He then texted me to say he was extremely sorry, that the car alarm kept going off, he couldn't legally drive anywhere, and could he come into the house to sleep on the sofa in our lounge. I wasn't able to reply, that is the exact moment when the police arrived. He was breathalysed and found to be just above the limit. They arrested him and have charged him with being drunk in charge of a vehicle. My understanding of this is that there must be a reasonable belief the person intends to drive, is that correct? He categorically was not going to drive the car, he was preparing to come back into the house and would never have put himself or other people at risk. I told this to the officers as did he but they seemed uninterested. It seems ludicrous that for a few brief moments sheltering from awful weather in the car, cooling off after an argument and asking me if he come back in, as he said in his messages, turning off the car alarm they have concluded he was intending to drive. Is it worth trying to defend this? Local solicitors are quoting £2,400 to do so. We are terrified he'll lose his license which would make work/family life very hard, and that a record will cause issues at work, the nature of which means he has to have special security clearances.

@Octomore I have absolutely no idea. I've only set it off once and, that's how I shut it up. Better read the manual!

What was his alcohol reading at the police station? This is the one that's used, not the roadside breath test.

Not if you then get in the car but don't drive it away.

The Duty Solicitor will usually see anyone, but the demand at court might be high so it would be a short consultation . They can give candid advice. Mags will usually acquit in cases where drunk alleged driver is in lay-by asleep in their car as there is no evidence how the car got there (although it might be common sense)

How embarrassing 😳 you put on a good show for your neighbours.

he was pissed in charge of a vehicle, do you really think that is ok?

Was the car on the road or in a public place as mentioned in 1(b) though? It might just be the way I'm interpreting it, but if you are on your own driveway/front garden, that's private property. Does the law apply?

That was my thinking too.

Seek legal advice, OP.
If the car was on private land, the law may be different, so consult a qualified person.
The cost of the legal fees may be worth it compared to loss of income.

Good luck proving that he was unlikely to drive, when a neighbour can confirm heated behaviour therefore there's every chance of someone leaving. Especially if one is found with keys in the car.

The text messages can be used as evidence for intent. Do you have any cameras around? Can you give a statement as a witness confirming he didn’t drive anywhere?

That literally makes no sense. Do you know what mitigation is? It isn't a defence, it is something that may reduce the sentence whilst admitting your guilt. There is a lot of mitigation for drink driving - just use your imagination! There will always be mitigation for any offence, it's what lawyers do and the very reason someone should always have one, even when admitting guilt.

They're not accusing him of driving anywhere

Strange he picked up his car keys and his phone to stand in the garden and cool off.

Most men have pockets and leave their keys in their clothes. My DH always has his keys on him, same with wallet. Despite his phone being normally glued to his hand he has been known to leave that behind. Hands are not the same as those lovely deep manly pockets dreams longingly

I think his old car also set off the alarm if the key wasn't put in the ignition after a few minutes of unlocking. It was a right pain if he wanted to get something unloaded from the boot first. Cant remember the make but we only kept it for a year because of it.

OP - I think you are going to have to suck it up and pay for legal advice, there's too many ifs and buts. Next time either of you start to drink put the keys in a cupboard.

What was his reading?

@Pixiedust1234 - I am so pleased my husband does not keep his keys in his pocket permanently, we would be forever searching through casual trousers, shorts, suit pockets etc etc. Our car keys are always kept in a drawer in the hall - well that is the plan anyway

Even on private land?

It'd be difficult to claim that defence with the keys in the ignition. Rightly so.

Please get a solicitor. There is so much bad advice on this thread. I’m a magistrate and based on the story wouldn’t be looking at an immediate ban (depending on alcohol levels). And if 10 points amounts to a totting ban then you could look at special reasons to not get a ban.

You can see the magistrate sentencing guidelines below.
www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-in-charge-revised-2017/

I cannot stress enough how important a solicitor is. Unrepresented individuals so often make things worse for themselves in these cases, and can talk themselves into a ban unintentionally. Check if you’re entitled to legal aid.

Don’t panic, it’s not necessarily a ban and GET A SOLICITOR.

As others have mentioned I think you should investigate the 'private lane' situation.

www.jmw.co.uk/services-for-you/motoring-law/drink-driving/articles/private-roads

IF you were genuinely a magistrate you would know drivers are given instant driving bans when they are recorded at the station as over the alcohol limit. The length of the ban is guided by the alcohol level.

You should also be aware that totting offences apply to minor driving offences.

The defendant was sitting in the driving seat with the key in the ignition on what possible grounds would his case be dismissed?

If you worked in the courts you would also know how limited legal aid is now. It is virtually impossible to secure LA for cases like this without exceptional circumstances. The duty solicitor will offer brief advice and that is all.

The best advice op would be to plead guilty at the first opportunity, take the drink drivers course offered to you to reduce the length of the ban. Ask the court to take into account your limited financial means, and hope his alcohol level isn’t too high and the ban will be limited. Please remember to ask dp arrange transport to and from the court hearing, as he is very unlikely to be able to drive home.

I might also add they were described in the op as ‘drunk’ and arguing. It does not sound likely his alcohol levels are going to be low enough to be disregarded by the CPS. The lowest readings generally don’t make it into court at all.

Hi

A member of my husbands family was caught in a very similar situation and did not lose his licence. He got either 9 or 12 points and a fine. No idea how he got away with that. It was his 3rd drink related driving offence.

They weren't described as "drunk" at all. Quite the opposite. Also, the OP said her DP was "found to be just above the limit" so, low( but obviously too high to drive)

We will see.
The fact is that the police were called before this incident, it indicates to me that they were indeed not in control of themselves.