Hadi Law

In Charge Of A Vehicle While Unfit Through Drink Or Drugs

Providing honest and affordable advice, representation, and legal services to clients nationwide.

The Road Traffic Act 1988 section 4(2) and section 5(1)(b) makes it an offence to be ‘in charge’ of a vehicle if you are unfit because of consuming drink or drugs or over the prescribed limit. If you have been charged with this offence, you must contact our Motor Offence Solicitors immediately so we can expertly advise and represent you

As one of the busiest and most successful Motoring Offence Solicitors in the UK, Hadi Law Solicitors have over 30 years’ experience defending people accused of being ‘in charge’ of a vehicle while being unfit because of drink and/or drugs. Furthermore, as a team, we have a 95% success rate when advising and representing clients charged with motoring offences.

Why Choose us :

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“Just like to say a massive thankyou to Ruby Dover who dealt with my case. An absolute pleasure to deal with and collected all information needed to get the result we was after. Phil my barrister was just as good and informative too. Many thanks to all involved. Thankyou again.”

Please call us for an initial consultation on 01772 447000 or request a callback.

What do the Prosecution have to prove to convict me of being unfit and in charge of a vehicle?

To be convicted under the Road Traffic Act 1988, sections 4(2) and 5(1)(b), the Prosecution do not have to prove you were driving the vehicle or even attempting to drive it. The law deems you to be ‘in charge’ or ‘in control’ of a vehicle until you transfer control to someone else, for example by handing over the keys, or leaving the vehicle and providing evidence that demonstrate you had no intention of returning to it.

As you can imagine, cases under sections 4(2) and 5(1)(b) of the Road Traffic Act 1988 present a technical minefield for the Court. In many cases, we will instruct experts to provide an opinion concerning whether you were ‘in charge’ based on the facts

What are the defences for being ‘in charge’ of a vehicle while unfit?

If you can prove that at the time the police apprehended you the circumstances were such that there was no possibility of you driving whilst unfit, section 4(2) of the Road Traffic Act provides a statutory defence. A similar defence exists under section 5(2) of the Act.

Our Solicitors can swiftly advise you if you have a statutory defence and collate the necessary evidence to prove your innocence in Court.

Why choose us?

Being arrested for being ‘in charge’ of a vehicle while being unfit through excess drink and/or drugs is a frightening experience, especially if you were merely sleeping in your car until you were sober/straight enough to drive. However, you are not on your own. We will provide you with honest and affordable advice, representation, and legal services from the police station to your court appearance.

Being arrested for being ‘in charge’ of a vehicle while being unfit through excess drink and/or drugs is a frightening experience, especially if you were merely sleeping in your car until you were sober/straight enough to drive. However, you are not on your own. We will provide you with honest and affordable advice, representation, and legal services from the police station to your court appearance.

For further information speak to us on 01772 447000 or reach out to us on our seven day a week WhatsApp helpline 07869760533.

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