Discontinued Before Trial: Drunk in Charge Motor Vehicle - Willesden Magistrates Court 2025

The allegation arose from an incident where our client was found by police slumped in the driver’s seat of a parked and switched-off vehicle, located in a secure hospital staff car park. A roadside breath test was conducted and produced a reading of 122 micrograms of alcohol per 100 millilitres of breath, it is important to note the Legal Alcohol Limit for Drivers:

• Breath: 35 micrograms of alcohol per 100 millilitres of breath
• Blood: 80 milligrams of alcohol per 100 millilitres of blood
• Urine: 107 milligrams of alcohol per 100 millilitres of urine

Our client was found to be more than three times the legal limit of 35 micrograms.

Despite the vehicle being stationary and turned off, the police arrested our client on suspicion of being drunk in charge of a vehicle, alleging a risk that he could have driven while over the limit.

Our client’s instructions were clear: he had no intention to drive. He had gone to the hospital to wait for friends finishing work, with plans to join them nearby for drinks. He explained this was his usual routine and that he regularly left his vehicle parked overnight, returning only once sober and travelling home by taxi.

In support of this, our clients friends was willing to give evidence in court confirming our client’s plans and typical practice.

We undertook detailed trial preparation and formally notified both the court and the Crown Prosecution Service (CPS) of our intention to call a defence witness. This proactive approach ensured the court and prosecution were aware of the supporting evidence available.

Shortly before the trial date, the CPS discontinued the case, serving formal notice that they would not proceed. They concluded that there was no longer a realistic prospect of conviction, and the charge was dropped.

Had our client been convicted, the consequences could have been severe. A charge of being drunk in charge of a motor vehicle carries:

• A mandatory driving disqualification or 10 penalty points on the driving license.
• A fine of up to £2,500.
• The possibility of a community order or even imprisonment of up to 3 months.
• A criminal record which could affect future employment and travel.

In addition, such convictions often result in significantly increased insurance premiums and reputational harm.

This case demonstrates the importance of presenting a well-prepared defence and the value of being able to introduce a credible defence witness. Our client was spared the stress and uncertainty of trial and managed to keep his license. 

If you are facing similar allegations relating to motoring matters, our experienced legal team can help you protect your license, your record, and your future. Contact us today for expert representation.