IN CHARGE Flashcards
1
Q
Where the person is the owner of the vehicle or they have recently driven it:
A
the person must show that they are no longer in charge of the vehicle and there is no likelihood of their resuming control of it whilst they are drunk.
2
Q
Where the person is not the owner of the vehicle or they have not recently driven it;
A
the prosecution must show that the person was in voluntary control of the vehicle or intended to become so in the immediate future.
3
Q
The Courts to consider……
A
whether the person had the keys for the vehicle
4
Q
The Courts to consider……
A
where the person was in relation to the vehicle at the time
5
Q
The Courts to consider……
A
what evidence there is as to the person’s intention to take control of the vehicle
