Road Traffic Law

Drunk in Charge of a Vehicle

You have more options than you think

It is a common misconception that it is perfectly legal to be seated within or to sleep in a motor vehicle whilst under the influence of alcohol if the car is not moving. This is not the case. You can be charged with being drunk in charge of a motor vehicle, resulting in the loss of your driving licence or worse. DON’T PANIC! Call us for a free consultation from our expert Road Traffic Lawyers.

Driver opening beer bottle behind the wheel

Girl rests her head and hands on the steering wheel with her eyes closed

Here’s how we can help

Sound Legal Advice

We can offer guidance and find the best course of action whether you plead guilty or not guilty.

Here When it Matters Most

A conviction can have a significant impact on your life including family commitments, business and employment. We’re here to help.

Free Initial Consultation

Our friendly team are on hand for a free initial consultation to talk through your case.

Our specialist Road Traffic Defence Team have access to the country’s best toxicologists

These experts will provide an in-depth report to assist with your case and will use their expert knowledge of the relevant case law in your fight for your driving licence. Our highly accomplished award-winning team of Road Traffic Solicitors have honed their skills representing clients in their drunk in charge of a vehicle cases in every Scottish court over the years.

Scullion LAW Road Traffic lawyer giving thumbs up in female drivers passenger seat

Trust us to fight in your corner

At Scullion LAW, we know that every client and every set of circumstances is unique. We work hard to make sure you receive clear, uncomplicated legal advice you can always trust in an open and friendly environment. We also make sure your legal fees are no obstacle and are fair, reasonable, transparent, and agreed in advance. We want you to focus on the matter in hand and trust us to fight your corner.

Top-Rated: We’re the top-rated law firm in Edinburgh, Glasgow, and the West of Scotland. We are rated 4.9/5 stars with 1000+ reviews on ReviewSolicitors.

Experienced: Advising and representing clients from all over Scotland in Road Traffic Offence cases.

Client Focused: Recognised and awarded by leading industry bodies for our excellent client work.

Frequently Asked Questions

You have more options than you think!

This is normally a very easy case for the Procurator Fiscal to prove as the court will generally take the view that if a driver is within the vehicle then they are in de facto control of it. However, a very specific defence of there being no likelihood of driving exists in relation to this offence which, if prepared by and presented by our specialist team of Road Traffic Defence Solicitors, could save your driving licence.

No, you cannot.

If you are found intoxicated in a vehicle, you also cannot refuse to provide a specimen for analysis on the ground of “but I wasn’t driving the car”. If you do, penalties may range from 10 penalty points to a period of disqualification or potentially worse.

Keeping you driving

I contacted Scullion after being charged with some serious road traffic offences. At the first court date it turned out it was more serious than i thought! but thankfully Anna was on hand to keep me calm and make a fantastic plea deal. On the day of sentencing Urfan guided me through this and mitigated on my behalf to an outstanding level which resulted in me receiving the best possible outcome. Without their expertise, guidance and reassurance who knows what the outcome may have been. I can’t thank them enough for their service. I’m absolutely delighted with the outcome.

Michael

ReviewSolicitors

Micheal Stewart is the best defence lawyer I have had the privilege to meet. I was falsely accused of a driving offence which was an extremely worrying time. Micheal was confident from day one and put my mind at ease. Extremely friendly but exceptionally thorough from start to finish and the level of professionalism from start to finish was excellent. After this successful defence and a NOT GUILTY verdict I would recommend Micheal Stewart to any of my friends and family and to anyone else for that matter.

Warren

ReviewSolicitors

Having never needed solicitors previously Kristopher & all at Scullion LAW kept me posted from my 1st phone call to the very end result. Guided me through each stage of the process & I felt that I could ask them any question & was made to feel at ease. Great advice & can honestly say they prepared my case very well & got me the best possible outcome. Would highly recommend!

Lori

Google Reviews

Sincerely grateful to Nicholas Scullion and Kris Buchanan for representing me in court. With 30 years+ driving experience pleading Not Guilty to a motoring offence and having to go through the trial diets, at court, in person, was a first for me. From the initial contact with Nicholas and Kris, I was confident both were giving their best to achieve the best outcome. Explaining the details of the unfamiliar court process and what should be done, and when, was explained with clarity. Both were professional and knew their stuff. They had clearly thought through the possible approaches, in advance of the court dates and when in court knew what to say, and when, The result was deserted simpliciter. No hesitation in recommending Scullion LAW… Worth every penny.

Anonymous

Google Reviews

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Keeping you driving in Glasgow Traffic Jam

Save your licence now

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