London | Manchester | Leeds | Bristol | Birmingham | Nationwide

Drunk in Charge

We have years of experience of successfully defending drunk in charge of a motor vehicle cases. For free initial advice call 0800 999 5535

%

All Cases Success Rate*

*Based on results from Jan 2018.  

88% found not guilty or not disqualified

SPECIALIST DRUNK IN CHARGE SOLICITORS

Read About Our Court Victories

 

From Our Clients

 

“I am glad I went to Carl as my mind was put at ease”

I am glad I went to Carl as my mind was put at ease. Talked me through everything and how court would be. The barrister was a great help, I pleaded guilty and was looking for the lowest sentence and got this.

CF

Office Service Manager
Aug 10, 2019

“I am glad I went to Carl as my mind was put at ease”

I am glad I went to Carl as my mind was put at ease. Talked me through everything and how court would be. The barrister was a great help, I pleaded guilty and was looking for the lowest sentence and got this.

CF

Office Service Manager
Aug 10, 2019

“I had consulted other companies who advised that the only outcome would be that I lose my licence”

I am very satisfied with the advice received. I had consulted other companies who advised that the only outcome would be that I lose my licence. All possible outcomes were explained in detail and every step of the process was explained.I was made aware of all developments in my case throughout the process and …

Read More

ANON

Manager
Jul 25, 2019

“I had consulted other companies who advised that the only outcome would be that I lose my licence”

I am very satisfied with the advice received. I had consulted other companies who advised that the only outcome would be that I lose my licence. All possible outcomes were explained in detail and every step of the process was explained.I was made aware of all developments in my case throughout the process and the outcome of the case was the best available outcome possible.

I would absolutely recommend Millars Solicitors to anyone needing advice relating to driving offences.

ANON

Manager
Jul 25, 2019

“hey listened and believed me. They put the case together and got the result we wanted”

I can not thank Millars Scolicators enough Carl and Katy supported me throughout the whole thing . They listened and believed me. They put the case together and got the result we wanted. I would highly recommend Millars Scolicators to anyone there professional from start to finish.
Thank you so much for…

Read More

Wee irish

Construction
Jun 8, 2019

“hey listened and believed me. They put the case together and got the result we wanted”

I can not thank Millars Scolicators enough Carl and Katy supported me throughout the whole thing . They listened and believed me. They put the case together and got the result we wanted. I would highly recommend Millars Scolicators to anyone there professional from start to finish.
Thank you so much for all your help and support throughout my case.

Wee irish

Construction
Jun 8, 2019

“They put my case forward perfectly, which resulted in me getting the best result possible”

I was very satisfied with the advice received; everything was made very clear. Carl was excellent in sharing information. He put my mind at ease by telling me I could call him about my case, and was available up to 11pm. I was very satisfied with Millars Solicitors. They put my case forward perfectly, w…

Read More

John M

Crane Operator
Feb 19, 2018

“They put my case forward perfectly, which resulted in me getting the best result possible”

I was very satisfied with the advice received; everything was made very clear. Carl was excellent in sharing information. He put my mind at ease by telling me I could call him about my case, and was available up to 11pm. I was very satisfied with Millars Solicitors. They put my case forward perfectly, which resulted in me getting the best result possible. Thank you to Carl for his efforts and support with my case.

John M

Crane Operator
Feb 19, 2018

Our specialist team of drunk in charge of a motor vehicle solicitors have years of experience successfully defending drunk in charge cases.  Call our team today for free initial advice on 0800 999 5535 or submit your case and we will call you back

Being Drunk in Charge of a Motor Vehicle

In 1925, it became a driving offence to be in charge of a motor propelled vehicle whilst under the influence of alcohol.  The definition of this offence is:

“a person in charge of any motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence”

A motorist can unintentionally end up in this position for a number of reasons

  • They decide to sleep in their car after a night out
  • Obtain belongings from their car
  • Have the engine running in their car whilst under the influence of alcohol but with no intention to drive

To prosecute there must be a realistic reason to believe that the person who is under the influence of alcohol has an intention to take control of the vehicle.

Defending a drunk in charge chase

The burden of proof

It is recommended that you get legal advice, as unlike other driving offences, the burden of proof is on the defence to evidence you had no intention to take control of the vehicle.

We have the technical expertise to advise you on all aspects of your case.  Areas we will look at include

  • Breath/blood/ urine reading (unfitness)
  • Rate at which you would have metabolised the alcohol
  • That you would not have taken control of the vehicle whilst still unfit
  • Accuracy of the reading
  • Police technical and procedural errors
  • Factual circumstances relating to the offence
  • Mitigating circumstances
  • Expert evidence

It is important that we review all the evidence, so we can provide you with an honest assessment of your case and if a defence is available, so  we can provide you with best possible options available to you.

 

Sentencing Guidelines

  • Fine and/or imprisonment for a maximum of 6 months
  • Endorsement of 10 points or disqualification from driving (usually up to 12 months)

FAQs

Should I drive to Court?
This depends on your plea: Yes, if you are pleading not guilty. No, if you are to be sentenced for an offence that carries a mandatory disqualification.

Our advice is that anyone who faces the possibility of a period of disqualification, no matter how small, should not drive to Court.

The Police Officer said that if I instruct a Solicitor I can avoid a disqualification, is this true?
This can be true in a lot of cases, however, if it is your intention to plead guilty to an offence that carries a mandatory period of disqualification, then the Magistrates have no discretion not to impose a period of disqualification.

I really need my car for my job, will the Court let me keep my licence?

If you are facing a disqualification for accumulating 12 penalty points or more (‘totting up’) or facing a sentence that carries a discretionary disqualification, then it is possible to persuade the Magistrates not to disqualify you. However, if you are to be sentenced for an offence that carries a mandatory disqualification, like driving with excess alcohol for example, then these types of offences carry a mandatory disqualification and the Magistrates have no discretion. In those circumstances you will only avoid a ban if your case is successfully defended after a not guilty plea.

Do you cover cases on Legal Aid?
No. All our cases are on a private paying fixed fee basis. We will tell you what your exact fees will be before you engage us. We cover Courts throughout England and Wales. Only general Criminal Defence Solicitors (not road traffic specialists) based in an area close to where your Court case is, will have a Legal Aid Contract. You may not be eligible for Legal Aid in any event. The two tests for whether you are eligible for Legal Aid are

  1. Whether you are financially eligible
  2. Whether it is in the interest of Justice for you to receive Legal Aid for the offence that you are due to appear before the Court for. For almost all road traffic matters you will not be eligible for Legal Aid as for a lot of cases the Sentence is a financial penalty and either penalty points or a disqualification.

Will I have to say anything in Court?
Once we are instructed by you, we will advise you of the precise Court procedure. If you are pleading guilty to an offence, then you will only have to confirm your name and enter your plea. We will present the mitigation on your behalf.

If you are pleading not guilty, you may have to give evidence at your Trial, but you will be guided by Millars Solicitors.

What are my chances, can you give me a percentage?
We would not give a client their chance of success in a percentage. It is a bit of a nonsense to give percentage chances of success. We provide all clients with a comprehensive assessment of their case and we are instructed by the clients with the client knowing that they have been advised whether there are strong grounds or a strong chance of success or a limited chance of succeeding with what their expectations are.

Will the Police or witnesses be in Court?
If you are pleading guilty or if it is your first hearing and you are pleaded not guilty then the witnesses will not be in Court.

If your matter is listed for a Trial, then the witnesses will be in Court as the Court will want to hear what the witnesses have to say.

RELY ON YOUR LICENCE?

DON’T RISK LOSING IT

 

More From Our Clients

 

“Couldn’t ask for a better result”

Couldn’t ask for a better result – and in the hands of Millars Solicitors!

Endris

London
Nov 28, 2019

“Couldn’t ask for a better result”

Couldn’t ask for a better result – and in the hands of Millars Solicitors!

Endris

London
Nov 28, 2019

“Best advice and always available when I had questions”

Following a summons for using my mobile phone whilst driving which put me in the totting up process, I contacted Millars Solicitors for advice and representation. Paul Turner was great throughout the whole process, giving me the best advice and always available when I had questions. Paul prepared my cas…

Read More

Will

Corporate Account Manager
South Wales
Nov 28, 2019

“Best advice and always available when I had questions”

Following a summons for using my mobile phone whilst driving which put me in the totting up process, I contacted Millars Solicitors for advice and representation. Paul Turner was great throughout the whole process, giving me the best advice and always available when I had questions. Paul prepared my case very well which allowed me to keep my licence and continue with my day to day life.

Will

Corporate Account Manager
South Wales
Nov 28, 2019

“I’m happy to say that I’m still working due to their help.”

Without the service, advice and professionalism of Carl at Millars solicitors, I’d now be dealing with the consequences of a 6 month driving ban.
I’m happy to say that I’m still working due to their help. Thank you!

Rob

Builder/joiner
Manchester
Nov 1, 2019

“I’m happy to say that I’m still working due to their help.”

Without the service, advice and professionalism of Carl at Millars solicitors, I’d now be dealing with the consequences of a 6 month driving ban.
I’m happy to say that I’m still working due to their help. Thank you!

Rob

Builder/joiner
Manchester
Nov 1, 2019

“I got the outcome I had hoped for and kept my licence”

Helped me feel more confident about my case and communicated really well – I got the outcome I had hoped for and kept my licence. A good service all round!

CB

Manager
Oct 22, 2019

“I got the outcome I had hoped for and kept my licence”

Helped me feel more confident about my case and communicated really well – I got the outcome I had hoped for and kept my licence. A good service all round!

CB

Manager
Oct 22, 2019

“I was hugely relieved that I was not given a driving disqualification today”

Despite the risk of totting up 12 points I was hugely relieved that I was not given a driving disqualification today. Thanks to Millars Solicitors for very prompt and effective legal support. I highly recommend them.

ANON

Water Engineer
Oct 16, 2019

“I was hugely relieved that I was not given a driving disqualification today”

Despite the risk of totting up 12 points I was hugely relieved that I was not given a driving disqualification today. Thanks to Millars Solicitors for very prompt and effective legal support. I highly recommend them.

ANON

Water Engineer
Oct 16, 2019

“Absoulte best outcome I could have hoped for”

The initial conversation I had with Carl really calmed my fears. He explained how these cases work and the potential outcomes. He was very attentive and understanding. I really had little expectation going into this as I had spoken with another solicitor and they were very negative.

I found Carl to be p…

Read More

MH

Project Manager
Oct 7, 2019

“Absoulte best outcome I could have hoped for”

The initial conversation I had with Carl really calmed my fears. He explained how these cases work and the potential outcomes. He was very attentive and understanding. I really had little expectation going into this as I had spoken with another solicitor and they were very negative.

I found Carl to be positive and put a positive spin on this silly situation I had gotten myself into. They handled my case professionally and with care. If anyone I knew ever got into this situation, I would recommend Millars Solicitors. The result I got was the absolute best outcome I could have hoped for.

MH

Project Manager
Oct 7, 2019

“If I am honest, without their assistance I would have been looking at a worse outcome”

I engaged Millars for an up and coming case.

Paul, Carl and Keith are a great team – they were very honest and forthright on the expectations and outcomes that I should accept and basically put me in the correct frame of mind what to expect.

Paul was great on communication and the reality of my situation and Keith Jon…

Read More

JPC

Consultant
Oct 7, 2019

“If I am honest, without their assistance I would have been looking at a worse outcome”

I engaged Millars for an up and coming case.

Paul, Carl and Keith are a great team – they were very honest and forthright on the expectations and outcomes that I should accept and basically put me in the correct frame of mind what to expect.

Paul was great on communication and the reality of my situation and Keith Jones on the day – apart from being a very personable lawyer – did not let the court take any liberties in what they could and could not do.

Calls in to Millars were responded to quickly and if I am honest without their assistance I would have been looking at a worse outcome.

As I was told ‘A person that goes into court and represents himself has a fool of a client’ and that is why I would always and highly recommend Paul, Carl and Keith to anyone that finds themselves in a similar situation. I can’t thank them enough.

JPC

JPC

Consultant
Oct 7, 2019

Related Articles

About Keep My Driving Licence

Keep My Driving Licence is part of Millars Solicitors who are a specialist firm of road traffic and drink driving solicitors who represent motorists all over the country.

Formed by Carl Millar, Millars Solicitors has adopted his dogged tenacity and exacting technical understanding of motoring law. Before starting Millars Solicitors, Carl has been employed as the Head of Department at some of the most high profile Motoring Law Firms in the country. He is a member of the Society of Motoring Lawyers and has an enviable nationwide reputation for the results he gets for his clients.

Through representing a wide range of people you will find Carl and his team very approachable and never judgemental. Their advice is straightforward and will leave no stone unturned in pursuing all available defences in presenting your case.

If you have been caught drink driving you can contact Carl today on 0800 999 5535 or your can send a confidential email by clicking here. If you need to speak to a drink driving solicitor out of office hours than please call the 24 hour emergency line on 07855 806119.

CALL AN EXPERT ROAD TRAFFIC SOLICITOR

24 HOUR EMERGENCY CALLOUT