Caught Drinking in the car

[agtlaw]

Very different.

[Cat]

Terzo123 said:

Keys in the ignition, engine running. if you are in the drivers seat, then you are classed as driving. Certainly that's the way it is in Scotland.

That's not the way it is in Scotland. Like elsewhere in the UK sitting in the car with the engine running would see a charge of drunk in charge as opposed to drink driving.

Cat

[Terzo123]

Cat said:

That's not the way it is in Scotland. Like elsewhere in the UK sitting in the car with the engine running would see a charge of drunk in charge as opposed to drink driving.

Cat

You're usually on the ball Cat, so apologies if I'm wrong. I'll check the case law tomorrow.

[StuTheGrouch]

ashleyman said:

I've not done it in a while but it was back when I was living with my parents for a short while. More a case of needing 5 minutes after getting out of a taxi to sit and calm down/focus a bit and to get my keys together and then go inside.

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'.

I understand now!

I used to be the same and did my best to just walk 'normally' to my room (and often puke out of the window!).

[james7]

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?

Bottom line - don't be in (or near) your car whilst drunk with the keys.

I am not convinced its in any way fair that because you may drive therefore you get a really harsh penalty.
I may speed or jump lights or run someone over. Should i be prosecuted just incase?

What else does it apply to and not apply to though? Sitting in a taxi and the driver gets out to buy something but leaves the engine running. No insurance, drunk in charge, theft as you might steal the car. Where does it all end...............

Surely a bit of common sense should be applied?

[JonV8V]

james7 said:

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?

Bottom line - don't be in (or near) your car whilst drunk with the keys.

I am not convinced its in any way fair that because you may drive therefore you get a really harsh penalty.
I may speed or jump lights or run someone over. Should i be prosecuted just incase?

What else does it apply to and not apply to though? Sitting in a taxi and the driver gets out to buy something but leaves the engine running. No insurance, drunk in charge, theft as you might steal the car. Where does it all end...............

Surely a bit of common sense should be applied?

Common sense was missing from the driver.

How was girlfriend going to get home? She's sitting in a car with pissed boyfriend with engine running so he's already bang to rights . This is not nipping out to get her overnight bag from the boot where I'd have more sympathy.

Bet they both felt a real nob (boom boom)

[james7]

JonV8V said:

Common sense was missing from the driver.

How was girlfriend going to get home? She's sitting in a car with pissed boyfriend with engine running so he's already bang to rights . This is not nipping out to get her overnight bag from the boot where I'd have more sympathy.

Bet they both felt a real nob (boom boom)

I was meaning in a general way rather than a specific case. ie guy pushing a motorbike into pub car park to leave it for the night, someone having keys in their pocket. Where does it end? Getting stuff out of a car on the driveway after a few beers? Just thinking there should be some common sense applied in who gets charged and who doesn't.

[JonV8V]

james7 said:

JonV8V said:

Common sense was missing from the driver.

How was girlfriend going to get home? She's sitting in a car with pissed boyfriend with engine running so he's already bang to rights . This is not nipping out to get her overnight bag from the boot where I'd have more sympathy.

Bet they both felt a real nob (boom boom)

I was meaning in a general way rather than a specific case. ie guy pushing a motorbike into pub car park to leave it for the night, someone having keys in their pocket. Where does it end? Getting stuff out of a car on the driveway after a few beers? Just thinking there should be some common sense applied in who gets charged and who doesn't.

Ah, ok. I agree, although I'd like to believe there's usually more to it than "I only went to the car to get a bag" and then getting done, maybe they're a known drink driver with BiB waiting for an opportunity.