March Daily Record Q&A Column

Q. I had an argument with my wife at Christmas and went out to sleep in my car. The Police found me and have charged me with being drunk in charge. I wasn’t going to be driving anywhere.

What are the penalties and can I get out of it?
A. You may wish to avail yourself of the statutory defence available for this type of charge. If the Court is persuaded that there was no likelihood of driving until such time as the level of alcohol in your system was below the legal limit, then you will be found not guilty.

An expert toxicology report must be produced in order for this defence to succeed.

We have successfully defended a number of clients in similar situations.