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Charged With Drink Driving But Not In Car, What Do I Do?

Charged with drink driving but not in car, what do I do?

It’s not as uncommon as you might think to be charged with drink driving but not in the car when the alleged event happened. But what do you do if this is something that has happened to you?

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here is everything you need to know about what the law says in these matters and the steps you could and should be taking to handle the situation:

What Is Drink Driving?

In the UK, drinking driving is sometimes technically referred to as “being in charge of a motor vehicle while unfit to drive”.

There is a legal limit for how much alcohol you can have in your body and still be allowed to operate a motor vehicle:

England, Wales, and Northern Ireland – 35 micrograms (mcg) of alcohol in 100 ml of breath.
Scotland – 22 micrograms (mcg) of alcohol in 100 ml of breath.

Can You Be Charged With Drink Driving And Not Be In The Car?

Yes. That phrase “in charge of a motor vehicle” has particular importance when it comes to circumstances where you have been charged with drink driving but weren’t actually in the car.

It means that if the police and Crown Prosecution Service can prove that you were intending to drive the vehicle, you can be charged with drink driving even if you weren’t in the vehicle.

This makes it risky to have any kind of interaction with your vehicle if you are over the drink drive limit, as we’ll see below.

How Is “In Charge” Defined In UK Motoring Law?

There isn’t a set list of what counts as being “in charge of a vehicle” in UK law. In fact, the courts have historically been strangely keen to ensure there isn’t a clear definition that can be treated as a “yes or no” test.

This means the way “in charge” is defined touches on a number of factors, including:

1) Your Proximity To The Vehicle

Were you in the vehicle? If you were inside the vehicle, but not in the driving seat, you can still easily be said to be “in charge” of the vehicle.

If you weren’t inside the vehicle, how close to it were you? The further away you were – or the more difficult access would have been to achieve – the more likely it is that you can show you weren’t actually intending to use the vehicle.

2) Your Access To The Keys

Having access to your keys is probably a bad sign as far as being “in charge” of a vehicle goes. If you have access to the keys and the vehicle, there is a much higher likelihood that you will be perceived by the court as intending to use it.

3) Your Intention To Take Control Of The Vehicle (Or Otherwise)

Proving that you had no intent to take control of the vehicle can be challenging, but it is possible. However, if you had been in charge of the vehicle – for example, you’d recently been driving it – it is usually taken that you remain “in charge” unless you can clearly demonstrate that you:

Gave your keys away or otherwise put the vehicle in someone else’s charge
Put the car somewhere it was very difficult to access (perhaps a car park that you needed ID to enter or elsewhere entirely)
Somehow ensured there was no possibility of you resuming control while you were unfit to drive

What Do You Do If Charged For Drink Driving But Weren’t In The Car?

1) Get Legal Advice Immediately

Being found guilty of being in charge of a vehicle can carry a heavy penalty depending on the circumstances surrounding your case. You could face:

10 points on your license or a driving ban
A fine of up to £2500
Community service
A prison sentence of up to 3 months in the worst cases

This makes it vital to seek out a specialist drink driving lawyer as soon as possible. Only an expert in the field will be able to examine your case and the evidence against you in order to see if you have a possible defence.

2) Explore Possible Defences

According to the law, as the defendant, you need to prove that “it was more likely than not that [you] had no intention of driving”. In return, it is the prosecution’s job to prove that you were likely to intend to drive.

A specialist in motoring law will be in the best position to explore if you can assemble a case that demonstrates the former. If no defence is obvious, a further investigation and review of the evidence may open up further possibilities.

In any case, your first step in any drink driving-related case should always be to at least talk it over with an expert in this particular field of law.

Looking for just such an expert? We can help you find one – for FREE.

Find A Drink Driving Solicitor Now

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Solicitors Specialising In Drink Driving

Solicitors specialising in drink driving – why would I need one?

The consequences of a drink driving charge can have a huge effect on your life. You can be fined or banned from driving – even sent to prison in the worst cases. The safest way forward is to find solicitors specialising in drink driving offences.

But is it even worth hiring a solicitor for a drink driving charge? Why would you need a specialist?

Because fines and imprisonment sound scary. But hiring a lawyer can be expensive. Here is why you should at least talk your case over with a specialist drink driving solicitor if you’re facing this kind of charge:

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Do I Need Specialist Drink Driving Solicitors?

You can find a general lawyer or request a duty solicitor to defend and advise you in your drink driving case. Make no mistake, these people work hard.

However, they often aren’t overly experienced with the relevant laws. They won’t be familiar with the many ways it is possible to defend their clients from a drink driving charge. Many will simply advise you to plead guilty and then try to mitigate the charge in some way.

On the other hand, a specialist drink driving solicitor will be able to help you:

1) At The Police Station

Ideally, you will want legal advice as to what you should and should not say to the police right from the very start. You will want to arrange for this before you make a statement or answer any questions.

You don’t have to have a solicitor present. You can also ask to see the duty solicitor at the police station.

Yet if you aren’t familiar with how the police and courts work, having someone from outside the station who specialises in this kind of case is the safest way to know your interests are being looked after.

2) Examining And Guiding You In Your Case

An expert in traffic law and drink driving cases will be in the best position to:

Advise you if you have a defence you can put forward
Explain how you should plead (guilty or not guilty) to get the best possible outcome
Guide you throughout the process and advise you on what to expect at each point (how much of an advantage this is is often underrated)

3) In Court

Some people are experienced and content with public speaking. Others may be familiar with the courts and legal processes.

If you’re not both of these things though, it is usually a mistake to proceed to court in a drink driving case without expert legal advice at hand.

The whole process of going to court can be complex and confusing if you haven’t done it before. There are expected ways to behave and speak. Plus, you only get one chance to get it right.
If you say the wrong thing, you can’t ask for another attempt.

What Are The Benefits Of Specialists?

1) Put Forward Your Best Possible Defence

A specialist solicitor is used to putting forward the best defence in a wide variety of circumstances where someone has been charged with drink driving. They understand the approaches that are most likely to succeed
.
A duty solicitor may simply advise you to plead guilty. An expert will have a wider view, able to identify evidence or procedural issues that may mean you have a better defence available than simply throwing yourself on the mercy of the court.

2) Explore Special Reasons And Reasonable Excuses

There are certain special circumstances where you might be able to avoid being banned from driving even if you were found to be over the limit.

Exploring these options isn’t something you can really do successfully on your own. There are set processes to follow and not everything that someone might personally consider a “reasonable excuse” counts as one as far as the courts are concerned.

A specialist can advise you on this based on their extensive experience of what has been accepted by the courts in their previous cases. They can also put forward mitigation strategies as a professional advocate on your behalf (this works much better than you telling a “sob story”).

3) Challenge Evidence And Procedure

In a drink driving case, the burden of proof is on the CPS (the Crown Prosecution Service) to prove you were over the limit at the time you were in charge of the vehicle.

This leaves specialist drink driving solicitors with many ways to question the validity of test results, question the processes the police followed, and address other aspects of the evidence against you and how it was obtained.

This can result in cases never reaching court in the first place. Again, it’s something only a specialist will have the expertise to try.

Get Advice And Support Throughout The Process

How should you plead? How strong is the evidence against you? What should you say to the police? Do you even have a defence? What’s the best way to communicate with the court?

For all these reasons and more, it’s a smart idea to at least talk with solicitors specialising in drink driving charges if you find yourself up against one. At least then, you will have some idea of what you’re facing.

Looking For A Friendly And Helpful Drink Driving Solicitor?

Let us help you. Solicitors Near Me will match you with just the right kind of legal expert for FREE and with no commitment.

Find A Drink Driving Solicitor Now

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Are Hidden Assets?

What Are Hidden Assets? – Expert hidden assets solicitors

Individuals may decide to hide assets for different reasons, including in divorce, in criminal cases and when facing insolvency. We take a look at why assets are hidden, how they are hidden and how divorce and criminal lawyers can trace them.

At Solicitors Near Me, we specialise in finding local solicitors with the legal experience you need. We know how hard it can be to find lawyers with genuine expertise who provide good value for money and excellent service.

Solicitors recommended by us are selected because they meet these criteria. If you are dealing with a case involving hidden assets, we can connect you with the right legal expert who will be able to provide the level of assistance you need.

To be connected to a specialist solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Are Hidden Assets?

Hidden assets are items of value that an individual has attempted to put where they cannot be traced. This could be:

Cash
Property, to include overseas property
Pensions
Investments
Insurance policies
Shares
Valuable items such as cars, jewellery or art

When someone is going through a divorce or insolvency and they fail to fully disclose assets, these are referred to as hidden assets. The court will penalise those hiding assets.
Where hidden assets come to light after the court has dealt with an issue such as a financial settlement in divorce, the matter can be reopened and a new order made.

When And How Do People Usually Hide Assets?

People may choose to try and hide assets if they are facing a divorce to prevent the assets from being taken into account when a financial settlement is made.

Criminals and those accused of criminal conduct may also attempt to hide assets to prevent them from being frozen during an investigation or seized under a proceeds of crime order. They may also attempt to hide assets to avoid paying tax.

Individuals facing insolvency may try to hide assets from creditors and administrators.

Property and cash may be put into trusts, including offshore trusts, while tangible assets may be stored where the individual believes they will not be found. Companies may also be used to hide and move assets.

In some cases, those trying to hide assets use a combination of accounts, companies, trusts and property to try to cover their tracks as well as moving money more than once to increase confusion. Third parties can also be used to hold assets for the direction of legal proceedings.

How Do Divorce And Criminal Lawyers Find These Hidden Assets?

Solicitors can take steps to locate assets so that they can be dealt with legally, for example, included in matrimonial finances on a divorce or used by an insolvency practitioner to reimburse creditors.

There are a wide range of tactics and checks that can be used to look for assets, including looking at records in the public domain, such as:

Company accounts
Company directorships
Property transactions
Shareholdings
Credit reports
Vehicle ownership

Solicitors also use asset-tracing services to uncover information such as:

Use of different names
Searches of company records
Searches of property ownership records
Assets owned by businesses

Solicitors are also able to ask the court to make orders requiring an individual to disclose information, to include:

An order for disclosure, requiring details of assets to be provided
An order for non-party disclosure, enabling a solicitor to obtain information from other sources, such as banks, employers, accountants, new partners and HM Revenue & Customs
A search order, sometimes granted if there is believed to be a risk that documents and other evidence will be destroyed
An avoidance of disposition order, allowing the value of assets that have been moved or sold to be included in calculations such calculations in a divorce settlement
An order adding back the value of assets spent by an individual to the value of matrimonial assets, so that this sum can be included when the size of the settlement is considered
A freezing order to prevent assets from being moved

Where necessary, other experts can be engaged, such as investigation agents, asset tracing agencies and forensic accountants.

Locating hidden assets can mean that a divorce settlement is considerably larger than it might otherwise have been or that creditors are able to recover money they are owed, rather than having to write off a debt.

How Do The Courts Deal With Hidden Assets?

The courts can be asked to make orders allowing hidden assets to be discovered, including orders detailing exactly what is to be disclosed. Where individuals fail to comply, they can be held in contempt and penalised.

As well as penalties for being in contempt of court, the individual at fault may be required to pay the other side’s legal costs and receive a reduced award in any final judgment.

Where there is evidence that assets have existed but have not been located, it is also open to the court to draw an adverse inference from the situation. For example, where an individual has been living a lavish lifestyle but claims to have no money, the court can draw the inference that more financial resources exist than have been disclosed. It can then make an order that takes this into account.

Should I Investigate Hidden Assets?

While it may be tempting to try and locate assets yourself if you believe that they have been hidden, it is generally recommended that you ask professionals to deal with this. There is a risk that you could alert the person involved so that assets are moved and hidden more securely and there is also a chance you could inadvertently do something which is not legal. This would mean that as well as breaking the law, the information you obtain would not be included by the court when it considers your case.

By engaging a solicitor to find hidden assets, you can be sure that discovery will be legal and the information that comes to light can be used in court to support your case. The courts take a dim view of hiding assets and will generally take steps to ensure that assets that someone has attempted to secrete are taken into account when judgments are made.

Contact Local Solicitors For Hidden Assets

To be connected to a specialist solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.