Caught Drinking in the car
Discussion
There are defences that might be applicable to this case. No one can be specific given the details, especially as they are second hand.
If it were me, I'd see a brief with some expertise in the matter as it is possible no offence has been committed. Don't hold out too much hope, but you never know.
If it were me, I'd see a brief with some expertise in the matter as it is possible no offence has been committed. Don't hold out too much hope, but you never know.
croyde said:
Stupid I know but does seem pretty unfair that you are treated the same as if you are actually out driving all boozed up. Another notch on the coppers belt I presume.
Mate of mine had a few drinks so left the pub to push his motorbike into the pub car park for safekeeping as he was going to walk home.
Plod turned up as he was pushing said bike, got charged and got a year's ban.
Tantamount to being charged for thinking about doing something. Surely it should be up to the police to actually catch you driving the car.
The offence is "in charge of a motor vehicle with excess alcohol", not driving.Mate of mine had a few drinks so left the pub to push his motorbike into the pub car park for safekeeping as he was going to walk home.
Plod turned up as he was pushing said bike, got charged and got a year's ban.
Tantamount to being charged for thinking about doing something. Surely it should be up to the police to actually catch you driving the car.
I would tend to agree that it can appear unsympathetic, but at the same time Police stops occur at a point in time. Imagine if the Police came upon someone in the passenger seat clearly drunk and in possession of the keys and ignored them on the oft-suggested pretense of "they'll probably just sleep it off", and then subsequently that person decided to drive and crashed into someone?
At the end of the day everyone seems to have an anecdotal story where their mate or mate of a mate got done when they definitely weren't going to drive honest guv... easy to say that with hindsight. The only fair way to apply the Law and protect the Police and the public from potential harm is to be consistent, that way there shouldn't be any ambiguity in the minds of people who might otherwise think it's ok. Bottom line - don't be in (or near) your car whilst drunk with the keys.
Durzel said:
The offence is "in charge of a motor vehicle with excess alcohol", not driving.
I would tend to agree that it can appear unsympathetic, but at the same time Police stops occur at a point in time. Imagine if the Police came upon someone in the passenger seat clearly drunk and in possession of the keys and ignored them on the oft-suggested pretense of "they'll probably just sleep it off", and then subsequently that person decided to drive and crashed into someone?
At the end of the day everyone seems to have an anecdotal story where their mate or mate of a mate got done when they definitely weren't going to drive honest guv... easy to say that with hindsight. The only fair way to apply the Law and protect the Police and the public from potential harm is to be consistent, that way there shouldn't be any ambiguity in the minds of people who might otherwise think it's ok. Bottom line - don't be in (or near) your car whilst drunk with the keys.
Absolutely this.I would tend to agree that it can appear unsympathetic, but at the same time Police stops occur at a point in time. Imagine if the Police came upon someone in the passenger seat clearly drunk and in possession of the keys and ignored them on the oft-suggested pretense of "they'll probably just sleep it off", and then subsequently that person decided to drive and crashed into someone?
At the end of the day everyone seems to have an anecdotal story where their mate or mate of a mate got done when they definitely weren't going to drive honest guv... easy to say that with hindsight. The only fair way to apply the Law and protect the Police and the public from potential harm is to be consistent, that way there shouldn't be any ambiguity in the minds of people who might otherwise think it's ok. Bottom line - don't be in (or near) your car whilst drunk with the keys.
ashleyman said:
Scary. The amount of times I've been for a night out and instead of going straight indoors drunk me has gone and sat in the car to sober up a bit before going in.
A totally innocent act that could be interpreted the wrong way. Will have to make sure drunk me doesn't do it anymore!
I would carry on but, I suggest that having unlocked the car you then put the car keys through the front door letter box. That way you can't be done for "being in charge", AND your other half will then know where you are and can bolt the front-door for a couple of hours so that you can't get in until you've sobered up. This is to ENSURE that you can't be stitched-up by the police as you have a witness to corroborate your story that when they found you, you didn't have access to the car keys. Also, your other-half won't need to report you as a "missing person" when you don't arrive home from the pub.A totally innocent act that could be interpreted the wrong way. Will have to make sure drunk me doesn't do it anymore!
But there are two caveats to this strategy. Firstly, don't forget to take the house keys off the key ring before you put the car keys through the letter box, might be difficult to remember this if you're drunk and, secondly, don't upset the other half before you go out otherwise you might be spending the whole night in the car.
Marvtec said:
Correct me if I'm wrong but why the driveway/road questions - Surely i can be as pissed as a fart and manoeuvre my car on my driveway? Private land innit.
I think the private land has to be separated by a closed gate for you to drive pi$$ed so supermarket car park or open driveway outside your house still a problemashleyman said:
Scary. The amount of times I've been for a night out and instead of going straight indoors drunk me has gone and sat in the car to sober up a bit before going in.
A totally innocent act that could be interpreted the wrong way. Will have to make sure drunk me doesn't do it anymore!
Why??A totally innocent act that could be interpreted the wrong way. Will have to make sure drunk me doesn't do it anymore!
Are you scared of the consequences of arriving home pissed?
StuTheGrouch said:
ashleyman said:
Scary. The amount of times I've been for a night out and instead of going straight indoors drunk me has gone and sat in the car to sober up a bit before going in.
A totally innocent act that could be interpreted the wrong way. Will have to make sure drunk me doesn't do it anymore!
Why??A totally innocent act that could be interpreted the wrong way. Will have to make sure drunk me doesn't do it anymore!
Are you scared of the consequences of arriving home pissed?
They used to get extremely annoyed at me for coming home quite rowdy and making lots of noise that I began to get embarrassed about it and waned to make an effort to be quieter. I wasn't properly sloshed but in-between 'I love everybody' and 'Watch this motherfker'.
Rangeroverover said:
I think the private land has to be separated by a closed gate for you to drive pi$$ed so supermarket car park or open driveway outside your house still a problem
In the case of a 'normal' driveway serving your house, not having gates at the boundary would not stop it from being private for the purposes of the RTA.croyde said:
Mate of mine had a few drinks so left the pub to push his motorbike into the pub car park for safekeeping as he was going to walk home.
Plod turned up as he was pushing said bike, got charged and got a year's ban.
The general discussion is understandable, but this seems ridiculous to me? Hard to believe even. Do the right thing and get banned for it?Plod turned up as he was pushing said bike, got charged and got a year's ban.
edit: deleted the rest of my post, was total nonsense. We're talking about being drunk rather than just drinking aren't we? Does in charge of a vehicle apply when parked/ignition off etc. if you are drunk, or drinking any alcohol? I was asking could the police could arrest the 20-30 people sitting in their cars eating with drinks every night in summer at the chip shop/restaurant by the lake near here I frequent?
Edited by mizx on Tuesday 17th January 13:02
SS2. said:
In the case of a 'normal' driveway serving your house, not having gates at the boundary would not stop it from being private for the purposes of the RTA.
AFAIK it would - as the public can still go into your driveway to ask about a lost cat, the postie comes in to deliver the mail - it needs to be "controlled entry" as in a barrier of some kind, to make it private.As for your colleague, that's a very straightforward "drunk in charge" prosecution - he should get used to taking public transport for a year.
mizx said:
he general discussion is understandable, but this seems ridiculous to me? Hard to believe even. Do the right thing and get banned for it?
Does in charge of a vehicle apply to just sitting in it while parked (handbrake, no ignition)? If so, the police could turn up every night in the summer at this chip shop/restaurant we often frequent, and arrest the 20-30 people eating in their cars with drinks? All could potentially get year bans? We bring drinks over to the car, but I would never drink over the limit before driving off.
Yep. Even if the keys are not in the ignition, you are in charge of the vehicle. There were a spate of busts for this a few years ago at a country pub/inn a few years ago - people would leave the keys at reception, then go and sleep it off in the car.Does in charge of a vehicle apply to just sitting in it while parked (handbrake, no ignition)? If so, the police could turn up every night in the summer at this chip shop/restaurant we often frequent, and arrest the 20-30 people eating in their cars with drinks? All could potentially get year bans? We bring drinks over to the car, but I would never drink over the limit before driving off.
Edited by mizx on Tuesday 17th January 12:53
Problem is, when you wake up, the first thing you will want to do is drive home - and if you had a load of drink, you are probably still over the limit. That's not a legal assumption, but it is part of the reason why the police do it.
As long as you are in the car, you are in charge of it - even sleeping in the back seat, with the keys in the house.
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