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lesstatt

Original Poster:

794 posts

59 months

[news] 
Monday 14th May 2012 quote quote all
Ok so the other night at girlfriends house after many wines and few vodka i decide to go out to car and fetch some cd's to listen to...................... no intention of driving in the least, she said no way cause if a police car sees you and they stop you will be done for drink driving .................. whats the score please ?

66comanche

2,369 posts

28 months

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Monday 14th May 2012 quote quote all
IIRC it revolves around 'the intention to drive' - if you remotely opened the car and didn't put the key in the ignition or sit in the drivers seat, pretty sure you'd be ok. I've driven the car whilst drunk many many times, only from the drive into the garage though biggrin

Needa308GT4

311 posts

15 months

[news] 
Monday 14th May 2012 quote quote all
drunk in charge is what it would, potentially be.

VolvoT5

494 posts

43 months

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Monday 14th May 2012 quote quote all
I wouldn't want to risk it myself as I don't think you would get any discretion / leeway from plod should they drive past.

Probably try and do you with drunk in charge if not drink driving.

thinfourth2

23,612 posts

73 months

[news] 
Monday 14th May 2012 quote quote all
Best avoid going near a car if pissed as our hugely under resourced plod love any easy prosecution
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Kwistof

825 posts

28 months

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Monday 14th May 2012 quote quote all
With those comments taken into consideration and the position the OP is in....could you use the remote central locking from inside the house to unlock the vehicle...leave the keys inside whilst you then go and fetch the CDs- therefore not being in charge of the car or being able to drive as you don't have the keys if the police were to come access you half cut in the vehicle?

veevee

869 posts

20 months

[news] 
Monday 14th May 2012 quote quote all
Chances of police driving past your house AND deciding to pull you on your own drive, while not driving.

Can't believe people even consider things like this. Not doing something which is completely innocent anyway just in case, ridiculous.

Worst case scenario, cops come, not in drivers seat, clearly not driving, cold car, 'I'm getting some CDs out', end of story.

Deva Link

26,934 posts

114 months

[news] 
Monday 14th May 2012 quote quote all
66comanche said:
I've driven the car whilst drunk many many times, only from the drive into the garage though biggrin
I wouldn't even do that - can of worms if you get seen, or something happens.

e8_pack

615 posts

50 months

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Monday 14th May 2012 quote quote all
How would they know you've been drinking? Do they often stop people in their drive ways?

e8_pack

615 posts

50 months

[news] 
Monday 14th May 2012 quote quote all
You really have to think long and hard about our freedom as a people if we are that suppressed we think well be prosecuted for getting cd's out the car on the driveway.

kaf

323 posts

16 months

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Monday 14th May 2012 quote quote all
Neighbour phones police reporting man acting strangely in car outside. Plod turn up, find you in car messing around with CD's,keys in pocket, well over limit. Arrested for DIC.

Do you really need that hassle?


If you have been drinking, best not to go near your car, if you do, the 'keys left in house' strategy is a good one.

I know it is unlikely, but it does happen.

Zigster

265 posts

13 months

[news] 
Monday 14th May 2012 quote quote all
I know someone who, while pissed, had an argument with her partner and stormed out of the house. She went to sit in her car to calm down, fell asleep and was woken up by the police knocking on the window. They breath tested her and she got convicted, fined and banned.
I can't remember any more details - eg, which seat she was sitting in, whether or not the keys were in the ignition, etc, but I do recall at the time thinking it was very harsh as she clearly wasn't intending to drive it anywhere.

lesstatt

Original Poster:

794 posts

59 months

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Monday 14th May 2012 quote quote all
car was on the road....................... odd situation and i never considered the consequences before

Aretnap

344 posts

20 months

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Monday 14th May 2012 quote quote all
They'd have a hard time pinning drunk driving on you, as that requires you to, erm, drive, or at least attempt to drive.

As noted, the thing you'd have to worry about would be drunk in charge. There's a statutory defence to that if you can show that there was no likelihood of you actually driving in the circumstances. If you were just popping out to get a CD I think you would have a defence, especially if someone could confirm that was your intention.

If the car was wasn't on a road or other public place (eg on your GF's private driveway), then the question doesn't even arise.

Matt UK

7,526 posts

69 months

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Monday 14th May 2012 quote quote all
lesstatt said:
car was on the road....................... odd situation and i never considered the consequences before
Wow, I wouldn't have even thought twice about getting something out of the car whilst pissed.

This thread is an eye-opener.

Ray Luxury-Yacht

6,395 posts

85 months

[news] 
Monday 14th May 2012 quote quote all
veevee said:
Chances of police driving past your house AND deciding to pull you on your own drive, while not driving.

Can't believe people even consider things like this. Not doing something which is completely innocent anyway just in case, ridiculous.

Worst case scenario, cops come, not in drivers seat, clearly not driving, cold car, 'I'm getting some CDs out', end of story.
Yeah, but is it 'end of story' though?

The reason people consider scenarios like this, is because history shows that scenarios like this have resulted in prosecutions, albeit rarely.

Despite 'intention' or mitigating circumstances, the law is clear, in that if you are interacting with a vehicle whilst it's on either a public highway, or even somewhere to where the public have free access ( which I think might even include a driveway if push comes to shove ) then you could be deemed to be 'in charge' of the vehicle. I would think a zealous BIB might even take that to include you accessing an unlocked vehicle - keys in hand or not.

As has been said - it's unlikely and indeed unlucky that a copper might happen to come round your road, stop and interrogate you whilst you're just getting CD's - but the fact is, it's still a risk, albeit a small one - but it could result in a driving ban in a really unlucky set of circumstances.

It's funny this should come up, because for the exact same reason - I was drunk at home a few months back, realised I've left my phone in the car, gone out to get it from the car which was parked in the road, opened it up, got the phone, and locked it again. In my dreamy, intoxicated state, I have to say that when I dropped into the driver's seat and grabbed the phone from the centre console, it felt very weird to be in the car feeling like that - and very wrong.

Then at that moment, my neighbour came out of his house to go to his car. He saw me, and came over to say Hi. He's an ex-policeman, and when he saw I was three sheets to the wind, he very light-heartedly said to me 'look, not being funny mate, but you might want to be careful getting in your car drunk - although you know you're only getting a phone out, I have some ex-colleagues that would try to stick you on for that if they caught you'!

So I just don't go near my car when drunk. Period.

Scares me actually, because I can remember more than one occasion when I've been in another town out on the lash with a few mates, and gone back and slept the night away in my car parked in a public car park. Back then (probably 15 years ago now) I had no idea that I might well have been putting myself on offer for a serious nicking! yikes





Dave Hedgehog

5,320 posts

73 months

[news] 
Monday 14th May 2012 quote quote all
Needa308GT4 said:
drunk in charge is what it would, potentially be.
this

mate got banned for sleeping it off in his car in a pub car park, had the keys in his pocket.

PDT1

23 posts

18 months

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Monday 14th May 2012 quote quote all
Was going to make a smart alec comment on this thread along the lines of ..there is no such thing as drink driving... charge is drunk in charge.

However, something made me stop and check DVLA website. I note from there endorsement codes

DR40 In charge of a vehicle while alcohol level above limit 10 penalty points

DR50 In charge of a vehicle while unfit through drink 10 penalty points

DR60 Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive
10 penalty points

DR70 Failing to provide specimen for breath test 4 penalty points

To my cynicical view of life, it would appear that thought has been put into how to penalise people who may or may not of been drinking and driving but have managed to " get away with it".

So, I would now have to agree with some of the posts above and not go near a car having had a drink or two, and having the keys "on my person".

DaveH23

949 posts

39 months

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Monday 14th May 2012 quote quote all
I regularly drive to the pub and leave the car there and sometimes have left my phone in the car! Everytime i have been out to get it i have went in via tha passenger door!

ohtari

393 posts

13 months

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Monday 14th May 2012 quote quote all
Just out of curiosity, I assume that the BIB have no authority on private land, such as "dangerous driving" on private land. If not, what are the limits that they can enforce?

I live 400m down a private lane, by the way wink
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