Background to the Allegation
When Simon from Peterborough approached Momentum Solicitors, he was facing a serious drink-driving allegation following a breath test that produced a reading of 72 microgrammes of alcohol in breath, more than double the legal limit of 35. At first glance, the case appeared straightforward for the prosecution. However, our early review identified a crucial issue: there was no clear evidence that Simon had actually been driving the vehicle at the time of the alleged offence.
This distinction is vital, as the law treats “driving” and “being in charge of a vehicle” very differently in terms of both seriousness and sentencing.
Challenging the Evidence of Driving
Identifying the Weakness in the Prosecution Case
Our team conducted a detailed analysis of the prosecution papers, focusing on the absence of evidence proving Simon had driven. The police could not demonstrate the necessary elements of “driving,” making the original charge unsustainable.
Negotiating a Basis of Plea
We presented this weakness to the Crown Prosecution Service and successfully negotiated a basis of plea to the lesser offence of being “in charge” of a vehicle while over the prescribed limit.
This was an important strategic success, as an “in charge” allegation:
- Does not carry an automatic ban
- Requires the court to assess the likelihood of the defendant driving
- Generally results in points, not disqualification
The Magistrates’ Court Sentence
A Disproportionate Outcome
Despite the corrected charge being accepted, the Magistrates’ Court imposed a four-month driving disqualification. This outcome was disproportionate, particularly given the evidence showing Simon had no intention of driving and had taken steps to avoid doing so.
Decision to Appeal & Identifying Grounds for Appeal
We advised Simon that the sentence was inconsistent with the sentencing guidelines for “in charge” offences and that an appeal to the Crown Court was justified. Appeals of this kind require:
- Detailed legal submissions
- Analysis of the likelihood-of-driving test
- Careful preparation of mitigating evidence
Simon agreed, and we proceeded to challenge the sentence.
Success at the Crown Court
Overturning the Driving Disqualification
At the Crown Court hearing, we presented a structured and persuasive argument demonstrating that a driving ban was neither justified nor proportionate. The Crown Court accepted our submissions and:
- Removed the disqualification entirely
- Replaced it with 10 penalty points – the correct outcome under the guidelines
Costs Order Secured
Ensuring Financial Fairness
So, because the appeal succeeded, the court also granted a costs order, ensuring Simon was reimbursed for the additional legal work required to challenge the original decision.
Outcome and Client Impact
This case highlights the importance of specialist motoring representation. Without appealing, Simon would have faced months off the road, affecting his employment and daily life — all due to an incorrect sentence for an offence that did not justify a driving ban.
Our intervention ensured:
- The correct charge was applied
- An excessive ban was overturned
- The client avoided unnecessary disruption
- His costs were recovered
Need Help With a Drink Driving or “In Charge” Case?
Whether you are facing a drink-drive allegation, an “in charge” offence, or believe you have been sentenced incorrectly, expert representation can make all the difference.
Momentum Solicitors offer a free initial assessment and no-obligation advice so you fully understand your options and the best route forward.
Contact Momentum Solicitors today and let our specialist motoring law team protect your licence, your livelihood and your future.
