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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70637
Experience:  Over 5 years in practice.
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My son was in charge of his car while 3 x over the legal limit

Customer Question

My son was in charge of his car while 3 x over the legal limit of alcohol. However they charged him with driving because he had the engine running and he only ran the engine to activate the heater whilst he ate his takeaway. He was then going to leave his car locked up and proceed to walk home. What can he do to have the charge changed from drink driving to drunk in charge of a car?
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. i will try to help with this.

he seems to accept the engine was running?
Customer: replied 4 years ago.


Yes he accepts the engine was running.

Expert:  Jo C. replied 4 years ago.
I'm really sorry but the charge is correct.

Drink driving includes attempting to drive. If he was sitting in the drivers seat with the engine running then that is attempting to drive even if the purpose of the action was to keep warm from the heater.

If he had been in the drivers seat with no engine running then he would have been able to argue that this was drunk in charge.

You can always ask the Crown to prefer the offence of drunk in charge but it would be irresponsible of me to tell you that there is any realistic chance of that being accepted.

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 remember to rate my service either OK SERVICE or above and then I will give you related information for free.
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Customer: replied 4 years ago.

Will a letter/statement of remorse and ignorance of the law help my son's case?

Expert:  Jo C. replied 4 years ago.
Its always a mitigating point that a person expresses remorse but its not going to change the charge I'm afraid.
Customer: replied 4 years ago.


What do you think the outcome will be? will he be banned for a long time? will he lose his licence? Will he have a criminal record? thank you.

Expert:  Jo C. replied 4 years ago.
What was his reading?
Customer: replied 4 years ago.


Not sure but the officer said he was 3 times over - I think it was 105.

Expert:  Jo C. replied 4 years ago.
If this is 105 in breath then he is facing a ban of between 23-28 months I'm afraid