Drink drive debate
Discussion
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 ?
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?
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.
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.
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.
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.
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.
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.
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.
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.
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?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.
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!
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".
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".
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