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Dominic Sellar

Drunk in Charge

Dominic Sellar & Co are experts in road traffic law in Scotland. Speak directly to Dominic today regarding your road traffic offence.

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Section 5(1)(b), Road Traffic Act 1988

It is an offence to be “in charge” of a motor vehicle while over the legal alcohol limit.  For a conviction under this section it is not necessary for the prosecution to prove that you were driving or attempting to drive.  Rather, this offence can be committed where the vehicle is stationary and in circumstances where there is no immediate intention to drive.  The offence usually arises when the police find someone sitting or sleeping within a parked vehicle after having consumed alcohol.

It is also an offence to be in charge of a motor vehicle while under the influence of drugs.  The penalties are similar for both.

Why Choose Us?

"I firmly believe every motorist is entitled to expert road traffic advice"

  • We offer FREE confidential advice to all potential clients.
  • We provide an HONEST assessment of your situation.
  • We offer affordable FIXED fee pricing
  • We exclusively SPECIALISE in this area of the law

Independent Testimonials

From Recent Case Wins

Honest and trustworthy service

facing a very difficult situation of a lengthy ban Dominic managed to fight my corner which resulted in a more manageable short term ban. What I liked about Dominic was that he was very straight talking and was very honest. … Continued

Careless Driving
Multiple Charges

I was facing multiple charges and Dominic sorted Everything out. I’m absolutely delighted by the outcome. And would recommend him to anyone needing a road traffic lawyer.

Penalty Points & Totting-Up
Speeding Driving Charge – 1st Class Service

Recently hired Dominic for a speeding charge I recieved. My experience was first class from start to finish upfront cost no hidden charges and communication from Dominic at all times was amazing only a phonecall away.

Speeding
Speeding Driving Charge – Falkirk JP Court

Many thanks for all your efforts in getting the speeding charge against me dropped.  I would have no hesitation in recommending the services of you and your firm.  From the outset you were very clear about the process and procedures … Continued

Speeding
Dangerous Driving. Dumfries Sheriff Court

I would like to express my gratitude to Mr Sellar for the way in which he represented me when faced with a dangerous driving charge or alternatively speeding charge. He came across as knowledgeable and professional with his advice that … Continued

Dangerous Driving
Charges Dropped

My brother recently used the services of Dominic Sellar & Co for a road traffic offence, and we’re very glad he did! The charges against him were dropped, in no small measure down to the expertise of Dominic. Wouldn’t hesitate … Continued

Speeding
Traffic Charges

I would like to thank Dominic and his team for a great outcome in court. I would highly recommend him to anyone facing traffic charges. His fee was also very reasonable.

Speeding
Speeding Charge

From the start to the end Mr Sellar came Cross as a highly intelligent man and it wasn’t until in the courtroom the real level of his intelligence and knowledge for road traffic law shone through. The end result is, … Continued

Speeding
Drink Driving & Failing to Provide at Edinburgh Sheriff Court

Thank You so much for representing me in my court cases. I am more than happy to provide a recommendation…

Drink Driving
Careless Driving Case, Hamilton Justice of the Peace Court

I would like to express my sincere thanks to you for the care and attention you showed to my mum when you recently represented her in court. This was an extremely anxious time for my mum and your professional yet … Continued

Careless Driving
Speeding and Careless Driving at Glasgow JP Court

Thank you for getting the very best result for me today. I truly appreciate the expertise and knowledge that you have and how this has enabled me to retain my very precious driving license. I will have no hesitation in … Continued

Speeding
Careless Driving and No Insurance at Lanark JP Court

Thank you so much for all your help and representation with my case at Lanark Sheriff Court. My license is essential, your expect advice and representation at trial saved my licence and my job. Thanks again, I would highly recommend … Continued

Careless Driving


The penalties for being drunk in charge of a motor vehicle are slightly different to those of drink driving in that disqualification is not mandatory.  They include:

A fine; and Discretionary disqualification or10 penalty points in exceptional cases


The words “in charge” are not legally defined so each case will depend on its own unique set of facts and circumstances.  Generally speaking, however, a person is “in charge” if they have some degree of control over the motor vehicle.  In assessing whether you are in control of the vehicle and if that amounts to being in charge the courts will consider all the circumstances including:

Were you inside or outside the motor vehicle?If you were inside the vehicle where were you sitting?What were you doing?Where were the keys to the vehicle?Any other evidence or circumstances which might show an intention to take control or drive the vehicle

Legal Limits for Alcohol

The offence is committed if a driver is “over the limit”.  In order to obtain a conviction for Drunk in Charge, the prosecution must, therefore, prove that the prescribed limit has been exceeded.  The amount of alcohol can be measured in breath, blood or urine. The prescribed limits are as follows:

35   microgrammes of alcohol in 100 ml of breath80   milligrammes of alcohol in 100ml of blood107 milligrammes of alcohol in 100ml of urine


To secure a conviction for being Drunk in Charge of a motor vehicle the prosecution must prove that:

You were in charge of the vehicle at the relevant time; andYou were over the legal limit for alcohol in either breath, blood or urine; andYour vehicle was on a road or public place or a place to which the public have access, such as a car park or camp site.

The prosecution do not have to prove that you had been driving or were attempting to drive.  Nor does the prosecution have to prove that you were going to drive.


The most common defence to someone charged with being Drunk in Charge is that there was no intention or likelihood of driving whist under the influence of alcohol. Accordingly, it will be necessary to demonstrate that the offender would not have driven the vehicle at any time while the alcohol in their system remained above the legal limit.

The onus is on the defence to prove, on the balance of probabilities, that there was no likelihood of driving while the proportion of alcohol exceeded the prescribed legal limit.  More often than not it will be necessary to obtain expert evidence, in the form of a toxicology report, to show when the level of alcohol would have fallen below the legal limit.

Another potential defence, which is quite common, is that the offence occurred on private property and not on a road or other public place.  Such a defence may be available if someone is sleeping off the effects of alcohol in a car which is parked on a private road or driveway to which the public do not have access.  Generally, a public place is any area to which the public have access without having to overcome physical obstacles such as gates or ignoring notices prohibiting entry.

How we can help

The law relating to drink related driving offences is technical and complex. Our experience with Drunk in Charge cases is that a large proportion can be successfully defended. Our expertise in this area will quickly determine the merits of the case and identify not just the the best option, but the right option for you. We can properly prepare your case, ensure supporting evidence is placed before the court and make forceful and effective representations. Providing the right advice saves time and expense. If you do not have a defence or the prospects of success are low we will tell you so and concentrate on reducing the penalties. We pride ourselves in offering a service that is friendly, honest and reliable. For free advice that is without pressure or obligation simply contact us:

E-Mail Us Today or call 0790 55 00 870

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We aim to respond to all messages as quickly as possible. Please tell us about your case so we have the right info available for you.

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