Our driving offence solicitors in Leicester recently represented a client before Leicester Magistrates’ Court who was charged with being drunk in charge of a motor vehicle and criminal damage, following an incident reported by the Leicester Mercury.
The case involved a window-fitter who had spent the evening drinking before falling asleep in his van on the grounds of a local school. Police officers discovered him intoxicated with the keys in the ignition and subsequently arrested him after he initially refused to provide a breath sample. A later reading showed 88 microgrammes of alcohol per 100 ml of breath, more than double the legal limit for being in charge of a vehicle.
At court, the offence carried a real risk of a driving disqualification and potentially a community-based penalty, given the circumstances. Our client, however, accepted responsibility early, entering a guilty plea at the first opportunity.
Our Representation
Sahota & Sahota Solicitors were instructed at the Magistrates’ Court stage.
Mr Berinder Chawla (Solicitor), carried out:
- A detailed review of the Sentencing Guidelines and relevant precedent authorities;
- Thorough preparation of mitigation, highlighting our client’s employment, remorse and the steps taken to address his alcohol difficulties; and
- Clear and persuasive submissions to the sentencing bench explaining why a period of disqualification was not justified in this case.
Following our representations, the Magistrates imposed penalty points only, avoiding the driving ban that would normally accompany such an offence. This outcome allowed our client to continue working and begin addressing the issues that led to the incident.
The Law – “Drunk and in Charge” vs “Drink Driving”
Although often confused, being drunk and in charge and drink driving (excess alcohol) are distinct offences under the Road Traffic Act 1988.
To prove “drink driving” (Section 5(1)(a)):
The prosecution must show that:
- The defendant drove or attempted to drive a motor vehicle on a road or public place; and
- At that time, the proportion of alcohol in their breath, blood or urine exceeded the legal limit.
This offence almost always carries a mandatory driving disqualification upon conviction.
To prove “drunk and in charge” (Section 5(1)(b)):
The prosecution must show that:
- The defendant was in charge of a motor vehicle on a road or public place; and
- The proportion of alcohol in their breath, blood or urine exceeded the legal limit.
A person is deemed to be “in charge” if there was a realistic possibility of driving while over the limit – for example, if the keys are in the ignition, the engine is warm, or the person is in the driver’s seat. Unlike drink driving, there is no automatic ban and a defence can be raised by proving that the person had no intention of driving while still over the limit.
Why Early Legal Advice Matters
Early advice from a specialist driving offence solicitor can make a crucial difference to the outcome. At the police station or shortly after charge, it is essential to:
- Preserve key evidence, such as CCTV, breath machine printouts or custody records;
- Challenge procedural errors in the arrest or specimen-taking process; and
- Receive guidance on potential defences or early guilty pleas, which can significantly reduce sentence length or avoid disqualification altogether.
Many clients only seek help once they receive a court date – but early representation often helps shape the case from the very start and can influence whether disqualification can be avoided, as in this case.
Specialist Driving Offence Solicitors Leicester
At Sahota & Sahota Solicitors, our road traffic defence solicitors have extensive experience representing clients charged with:
- Drink or drug driving
- Being drunk in charge of a vehicle
- Careless or dangerous driving
- Failing to provide a specimen
We provide practical advice, early case assessment, and persuasive advocacy in both the Magistrates’ and Crown Courts to achieve the best possible result.
You can call or WhatsApp us on 01162 555155
Visit us: Sahota & Sahota Solicitors, 25 New Walk, Leicester, LE1 6TE
