Sunday, January 15, 2012

In Charge

There is some confusion in the comments about Drunk In Charge on the previous thread.

It is quite common for a driver to be found asleep in his car, midway between the pub and his home, with the lights on and sometimes the engine running. It is pretty clear that he has been driving, but there is no hard evidence that he has done so, leaving DiC as the right charge. There is a statutory defence of having no intention to drive, and that is for the defendant to prove on the balance of probabilities (the civil standard). I wrote about one such here.

1 comment:

  1. Wrong, I'm afraid.

    The test is not lack of intention to drive but whether you can show there was no likelihood of driving.

    Blimey..schoolboy error


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