Attempting to Drive

Whilst convictions for attempting to drive are rare it is definitely a valid prosecution if the Crown can show that you were attempting to drive a vehicle. The test to ascertain if you were attempting to drive would be assessed on the facts of each case. A person in the car with the engine running would usually not be charged with attempting to drive but if you are sat in a vehicle which is in gear and has the handbrake off, a charge under Section 5 RTA 1988 would not be unreasonable.

Often a person intoxicated in a car when not moving would more likely be charged with Drunk in Charge but if not the Crown Prosecution can reduce the charge if they feel the case for attempting to drive is weak. We would submit that the question would always be worth asking as the sentencing options are usually harsher for attempting to drive.