Drunk-in-Charge Dropped By Prosecutor
This matter first called in court in September 2020 and finally concluded at Dumfries Sheriff Court on 3 June 2021. This is actually a fairly quick turnaround for a summary prosecution these days.
Our client was charged under s.5(1)(b) of the Road Traffic Act 1988, namely the offence of being in charge of a motor vehicle whilst having a breath – alcohol level which exceeded the prescribed limit. There is a statutory defence to the charge which is commonly relied upon that there was no likelihood of driving whilst the accused was in over the prescribed limit.
The case was prepared to such an extent that the Crown accepted that there was no real prospect of securing a conviction and simply accepted our client’s plea of not guilty at the intermediate diet.
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