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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My friend is in court on Thursday after being found asleep

Customer Question

My friend is in court on Thursday after being found asleep in his car outside his house. He hadn't driven he had had a row with his partner after being out. instead of the row escalating further my friend went out to his car and put the radio on.The key was in the ignition but evidence shows the key had not been turned. He was also 3.5 times over the limit. No drugs
His solicitor has said he should plead not guilty and go to trial? He is not happy with this.
Could you give any advice
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
When you say he is not happy, if he is pleading guilty, why isnt he happy?
Customer: replied 2 years ago.

My friend thinks if he pleads not guilty and go to trial it may just go on and he cannot afford this?

He is guilty of sitting in his car under the influence of alcohol, but he had no intention of driving.

He feels he should plead guilty as this may reflect on the outcome?

Expert:  Ash replied 2 years ago.
Is it drunk in charge he is facing?
Customer: replied 2 years ago.

The charge

in control of a motor vehicle under the influence of alcohol not driving just sat in the seat key in the ignition

Expert:  Ash replied 2 years ago.
Then he is not guilty. He should be pleading not guilty. He can not be guilty of an offence which he does not accept. Therefore he is correct to plead not guilty.
Can I clarify anything?
Alex
Customer: replied 2 years ago.

How is he not guilty?

How does he fight the charge

Expert:  Ash replied 2 years ago.
Because they have to show an intent to drive while over the limit. If he did not intend to then there is no offence.
Does that clarify?
Alex
Customer: replied 2 years ago.

What evidence can we show to prove?

Expert:  Ash replied 2 years ago.
He does not have to prove anything. The Police have to prove he was going to drive.
Alex
Customer: replied 2 years ago.

He was 3.5 times over the limit, isn't he guilty of being in control of the vehicle anyway? without the intent to drive?

Sorry

Expert:  Ash replied 2 years ago.
No.
Alex

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