Client found Not Guilty - allegation of drunk in charge

Case study summary

Our client was charged with being drunk in charge of a motor vehicle. Our client was taken to the station, breathalysed, and consequently charged to appear in front of the Magistrates Court.

Case study

We were instructed by our client to defend his case on the basis that he was not guilty of the offence since he had no intention of driving the vehicle.

The circumstances were that our client was a passenger in the vehicle with his partner. The vehicle broke down. His partner moved seats and our client attempted to get the vehicle started. Whilst he was attempting to do this, two officers drove past and arrested him.

We were then instructed and we prepared a defence for our client on the basis that he had no intention to drive his motor vehicle. The only reason for him being in the driver seat was for the purpose of getting the vehicle started to allow for his partner to continue driving.

We interviewed his partner and prepared a strong case, and instructed specialist counsel to represent our client at trial. Our barrister cross-examined the police officers and showed that they had no idea of whether he was going to drive or not.  Result: Not Guilty Defence costs reimbursed