[2004] EWHC 2811 (Admin)

The intention of a driver to drive a car when over the prescribed limit was not a matter that the prosecution was required to prove as an element of the offence of being in charge of a vehicle. The statutory defence of no likelihood of driving was required to be raised by the defendant once the court had found that he had been in charge.

DC (Rose LJ, Pitchford J)

22/11/2004