Ruling over passenger drink-driving

Two High Court judges have ruled that a man should be convicted of drink driving despite not being behind the wheel.

Lord Justice May sitting with Mr Justice Nelson ruled that Chichester magistrates had been wrong when they acquitted Darren Janman.

The 37-year-old, of Loudoun Road, Littlehampton, West Sussex, had been accused of being in charge of a vehicle after consuming excess alcohol.

He had been in the passenger seat of a car being driven by his partner who only had a provisional licence.

After the car was stopped by the police for speeding, a breath test supplied by Mr Janman showed he was more than twice over the legal limit.

On Thursday, the judges sent the case back to the magistrates with a direction they must convict Mr Janman.

Lord Justice May said the magistrates had been wrong at a hearing in July 2003, when they dismissed the case against Mr Janman.