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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 between Jan 2018 – Feb 2021.

96% found not guilty or not disqualified

SPECIALIST DRUNK IN CHARGE SOLICITORS

Read About Our Court Victories

 

From Our Clients

 

“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…

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John M

henny@pinkelephantmedia.com
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

henny@pinkelephantmedia.com
Feb 19, 2018

“They 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…

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Wee irish

Michelle7451@googlemail.com
Jun 8, 2019

“They 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

Michelle7451@googlemail.com
Jun 8, 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 …

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ANON

henny@pinkelephantmedia.com
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

henny@pinkelephantmedia.com
Jul 25, 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

connorfreeman-x@live.co.uk
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

connorfreeman-x@live.co.uk
Aug 10, 2019

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

 

Exceptional Professionalism, Efficiency and Reassurance – avoided a ban

Millars Solictors provided exceptional level of professionalism, efficiency and reassurance during the entire process, from initial consultation to defence building and court day procedure. The team at Millars, in particular Mr Paul Turner we exceptional and I am so very grateful for their guidance and …

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TW

Company Director
London
Jun 7, 2021

Exceptional Professionalism, Efficiency and Reassurance – avoided a ban

Millars Solictors provided exceptional level of professionalism, efficiency and reassurance during the entire process, from initial consultation to defence building and court day procedure. The team at Millars, in particular Mr Paul Turner we exceptional and I am so very grateful for their guidance and expertise and ultimately, tremendous result in receiving no ban for my totting up of 12 points.

TW

Company Director
London
Jun 7, 2021

Expert Advice and found not guilty – fully recommend

I was charged with Drink Driving, Refusing to give a Breath Sample, and Obstructing the Police. The entire process took a year from the day of my accident till appearing in court. Paul Turner from Millars Solicitors handled my case and gave me expert advice the whole way through. I am very pleased to sa…

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K. N.

Software Engineer
Salisbury, Wiltshire
Jun 7, 2021

Expert Advice and found not guilty – fully recommend

I was charged with Drink Driving, Refusing to give a Breath Sample, and Obstructing the Police. The entire process took a year from the day of my accident till appearing in court. Paul Turner from Millars Solicitors handled my case and gave me expert advice the whole way through. I am very pleased to say I was found not guilty of all three charges. I fully recommend Millars Solicitors.

K. N.

Software Engineer
Salisbury, Wiltshire
Jun 7, 2021

Fantastic – highly recommended

Carl and Paul were fantastic from start to finish. Very professional and led me through everything, and for the desired result at the end – highly recommend

rob

Director
/hull
Jun 7, 2021

Fantastic – highly recommended

Carl and Paul were fantastic from start to finish. Very professional and led me through everything, and for the desired result at the end – highly recommend

rob

Director
/hull
Jun 7, 2021

Excellent Advice

Excellent advice given and quick to help in time, sensitive issue definitely made the difference in my hearing

Roger Smith

Overhead linesman
Colchester
May 16, 2021

Excellent Advice

Excellent advice given and quick to help in time, sensitive issue definitely made the difference in my hearing

Roger Smith

Overhead linesman
Colchester
May 16, 2021

Millar’s carefully built my appeal case after carefully listening to my mitigating circumstances and building the key points into my statement

Millar’s carefully built my appeal case after carefully listening to my mitigating circumstances and building the key points into my statement; whilst gleaning key pieces of evidence. I now have my ban reduce from 4 years to just over 2!

Thank you very much, well recommended

TLN

Director
Shropshire
Nov 3, 2020

Millar’s carefully built my appeal case after carefully listening to my mitigating circumstances and building the key points into my statement

Millar’s carefully built my appeal case after carefully listening to my mitigating circumstances and building the key points into my statement; whilst gleaning key pieces of evidence. I now have my ban reduce from 4 years to just over 2!

Thank you very much, well recommended

TLN

Director
Shropshire
Nov 3, 2020

Great solicitors, very professional, helpfull and friendly.

Great solicitors, very professional, helpfull and friendly. I wish i hadnt needed their services but im so glad i did

Marc Lear

Self employed
Suffolk
Nov 3, 2020

Great solicitors, very professional, helpfull and friendly.

Great solicitors, very professional, helpfull and friendly. I wish i hadnt needed their services but im so glad i did

Marc Lear

Self employed
Suffolk
Nov 3, 2020

Calling Carl was frankly an excellent decision

Calling Carl was frankly an excellent decision. Carl is sympathetic, courteous and above all unfailingly professional. The mandate was to stay on the road, despite the ‘totting up’ procedure and Carl’s expertise ensured that I did. I cannot thank him enough and consequently cannot endo…

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RJT

Academic
Wales
Jun 8, 2020

Calling Carl was frankly an excellent decision

Calling Carl was frankly an excellent decision. Carl is sympathetic, courteous and above all unfailingly professional. The mandate was to stay on the road, despite the ‘totting up’ procedure and Carl’s expertise ensured that I did. I cannot thank him enough and consequently cannot endorse him enough. Rest assured that Carl is very much on your side!!

RJT

Academic
Wales
Jun 8, 2020

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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.

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