 However, in England and Wales, the Magistrates' Courts Act 1980, s.101 stipulates that where a defendant relies on some "exception, exemption, proviso, excuse or qualification" in his defence in a summary trial, the legal burden of proof as to that exception falls on the defendant, though only on the balance of probabilities.For example, a person charged with being drunk in charge of a motor vehicle can raise the defense that there was no likelihood of his driving while drunk.The prosecution has the legal burden of proof beyond reasonable doubt that the defendant exceeded the legal limit of alcohol and was in control of a motor vehicle.