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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Traffic Law
Satisfied Customers: 3701
Experience:  Dual qualified Solicitor and Attorney
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With regards to a drunk in charge of a motor vehicle charge.

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With regards ***** ***** drunk in charge of a motor vehicle charge.
If the defendant had no intention of driving and the engine was fully off can an anonymous tip off before the person was stopped and arrested be used as evidence in a Magistrates court? Or would this be considered as hearsay? There was also no evidence that the person drove before they where stopped and arrested.. Thanks
Hi thank you for your message, records of police phone calls can be used as an exception to the hearsay rule. Furthermore, if a possession is under the influence and in a position to drive they can be found guilty of the offence even if they didn’t intend to drive. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 12 days ago.
Do you know how a not guilty plea could be accepted in this situation? I thought if they can prove a person wasn't going to drive on the balance of probability then they can't class it as in charge? Thanks
Customer: replied 12 days ago.
There is also no statement from the anonymous caller..
Hi thank you for your message, well the person could plead not guilty then it’s down to the prosecution to show that they are guilty of the offence. Regarding the driving point, the offence includes “ in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit.” Thus, being over the limit in a public place in a vehicle for example with keys so someone could drive were they minded to do so is sufficient to commit the offence. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
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