Drunk In Charge Ban Avoided

An offence under s.5(1)(b) Road Traffic Act 1988, namely being in charge of a vehicle whilst in excess of the prescribed breath alcohol limit.  These charges usually attract a disqualification, especially where the accused is twice the legal limit, as was the case here.

What is not often fully appreciated, however, is that the minimum penalty under s.5(1)(b) is actually 10 penalty points.  We were able to persuade the Sheriff to dispose of this case in the most lenient manner possible which, allied to his hitherto clean licence, allowed for the retention of our client’s driving entitlement.