In Charge Whilst Over The Limit?


Offence: Drive motor vehicle when alcohol level above limit

I was in a petrol station, filled my car then paid for it at the shop and the came toward my car. Police van pulled over as I was going inside the car before I started the car. I have given a breath test.

Please note I was away from vehicle over 10 mins and there was no road traffic offence.

Q1. Should this offence be “In charge of motor vehicle when alcohol level above the limit” [DR40] rather than “Drive motor when alcohol level above limit” [D10]?

Q2. At the time of test I was 61 mg in breath but when I was tested approx one hour later in the station I was 73mg. Which one should I be getting prosecuted for 61mg or 73mg?

Dominic Says:

You get charge based on the evidential test at the police station so therefore the higher reading.

The police probably feel that they have sufficient evidence to accused you of having driven whilst over the limit. There is probably DVD footage from the garage showing you drive onto the forecourt.

Sorry but I think you will struggle to defend an allegation of actually driving which means that you are going to be at risk of a minimum 12 month ban.

If you want me to look at the evidence and see if there is a chance to persuade them to only go for an ‘in charge allegation’ then I will be happy to assist. This would eliminate the risk of a 12 month ban and you would get penalty points instead.

Come back to me if I can assist further.

When is your hearing date?

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