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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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Can I get a ban for drink driving if I didnt drive onto the

Customer Question

Can I get a ban for drink driving if I didn't drive onto the road? I was in a pub car park and thought about driving but realised I was not fit to drive. I am in court on the 19th August.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was it during opening hours?
Customer: replied 2 years ago.

Yes . Just before evening closing.

Customer: replied 2 years ago.

Yes just before 11pm.

Expert:  Jo C. replied 2 years ago.
Thats a problem I'm afraid.
You will find the legislation here
http://www.legislation.gov.uk/ukpga/1988/52/section/5
and it doesn't just apply to a road but also to a public place. A pub car park during opening hours has been held to be a public place.
If they don't have any evidence that you actually drove then they may charge it as a drunk in charge.
In fact, all you need to do is drive or attempt to drive which has been held to include things like sitting in the driver's seat with the keys in the ignition but often they will just drop down to drunk in charge if there is no evidence the car actually moved.
If they accept drunk in charge then you may avoid a ban in favour of 10 points.
I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.
Hope this helps. Please let me know if you need more information.
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Is it worth getting a solicitor to put that case to the court. As I have just started a new job having not had one in a long time it could affect my keeping the job.

Expert:  Jo C. replied 2 years ago.
Yes, it might affect the outcome.

You may not get legal aid though so you would have to pay. A barrister under public access would be much cheaper.
Customer: replied 2 years ago.


What is a barrister under public service and what entitles you to legal aid? You have been brilliant thank you

Expert:  Jo C. replied 2 years ago.
Thanks.

Many things entitle you to legal aid - risk of a prison sentence, inability to pay, expert examination etc.

The issue here will be that there isn't a strong chance of a prison sentence so they will refuse legal aid.

A barrister under public access is a good idea for this type of case basically because all a firm will do is instruct a barrister anyway and do no prep work at all so all that is happening is that you are not paying for their litigation fees.

If you tell me which court you are in I could probably give you some links.
Customer: replied 2 years ago.


Northampton.

Expert:  Jo C. replied 2 years ago.
There are no chambers in Northampton that I know of but thats close enough for the London bar to cover.

Try here

http://www.churchcourtchambers.co.uk/index.php/members/lesley-manley

or here

http://churchcourtchambers.co.uk/index.php/members/jo-morris-2003

or maybe here

http://www.5pumpcourt.com/member/Rebecca_Foulkes
Customer: replied 2 years ago.


Thank you your help has been invaluable.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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