Drunk in charge of a vehicle

[thinfourth]

now with all the drunk drive threads romping around my thoughts turn to another matter

"Drunk in charge of a vehicle" Now as far as i know you do not have to even be in the car to be charged with this as detailed by a case where a business man weaved out of a pub to his car to retrieve his mobile from the boot. other cases such as someone sleeping it off in the back seat and getting charged drunk in charge.

Now as i occasionally drive into town and get a taxi back if i have more then 1 then return by bike the following day to retrive said car. Would i be advised to lock the car keys in the car as it might not take a huge leap of logic for plod to say i have car keys there fore i am drunk in charge even if i am toddling through the car park to remove stereo from car.

basically i am asking what do they define as "drunk in charge" as a real wanker could point out that if i have my car on the drive and i am in the house then i am drunk in charge, ridiculous yes but policing is heading in this direction.

[thinfourth]

^Slider^ said:

I personally would hold off approaching you untill it reached the point you were going to drive ie ignition on and headlamps come on.

If you just got in the car, took off the face plate and walked off then i wouldnt bother with you, id have a word but thats as far as it goes just to show we are watching.

Personally id much rather have you driving than in charge.

Just use common sense.

Two problems with your reply when you say "I" I assume you are a level headed officer who is not out to be a complete git

What is my defense against a little jumped up twit who is completely lacking in common sense as common sense is no longer very common.

As sadly my experience with the plod round here is more jobsworth then anything else.

Basically what i am asking is what is the exact definition of being "drunk in charge" if i have my car keys in my pocket and i am blotto where could PC jobsworth charge me, i am not talking about a sensible officer one of the idiots that occasionally pop up in any job.

Edited by thinfourth on Thursday 3rd August 14:30

[thinfourth]

So what is the official definition of drunk in charge

Could some plodsworth charge me for drunk in charge if i have car keys in my pocket and i am see near my car?

[thinfourth]

philthy said:

hedders said:

What you are saying is that even though there would be an obvious element of doubt , you can still get done? Does that not bring our entire legal system into doubt?

Element of doubt notwithstanding, if the officer says he believes you will drive, he will arrest you. It is then your job to prove your innocence, either to the custody sergeant, or later on in court.
Bringing our legal system into doubt? not for me, but some parts of it stink.
Some people believe in fairies you know ?

Thought as much

keys get locked in the car and i return with the spare set the following day

What a ed up country we live in

[thinfourth]

^Slider^ said:

thinfourth said:

philthy said:

hedders said:

What you are saying is that even though there would be an obvious element of doubt , you can still get done? Does that not bring our entire legal system into doubt?

Element of doubt notwithstanding, if the officer says he believes you will drive, he will arrest you. It is then your job to prove your innocence, either to the custody sergeant, or later on in court.
Bringing our legal system into doubt? not for me, but some parts of it stink.
Some people believe in fairies you know ?

Thought as much

keys get locked in the car and i return with the spare set the following day

What a ed up country we live in

Its not believe you will drive it is suspect you will drive.

If you are nicked you will be interviewed, the custody skipper only autherises detention based on the officers version of events, you cannot argue this and if the custody skipper deams that the arrest was lawfull then you will go for EBM and interiew depending on your level of intox.

So you are saying if he suspects i might drive the car then i can get charged with drunk in charge

Defiantly locking keys in car.

Anyway what is the offical definition of drunk in charge. Am i in charge of a car if it is on my drive and the keys are in my house and i am ratted ?

You are talking to someone that had the plod tun up as his door because an old biddy found the noise of my 7 threatening in a car park, and she put in a complaint and i got offically warned about my driving because i started my car and she found it a bit noisey.

Edited by thinfourth on Friday 4th August 18:55

[thinfourth]

^Slider^ said:

The definition of in charge is only case law, meaning having the ability to drive ie access to keys (giving keys to a mate wont work as you still have access to them, same with locking the keys in the car, technically leaving the keys at home could also be in charge as you do have access to them)and ideally intending to drive or have driven

So you are pretty much stuffed if plodsworth decides to do you over

Though i doubt that i could be found guilty if i had locked the keys in the landrover (very easy with 1990s locks) and the spare set where at home. though looking at this thread i might even get on the bus

Now thats a horrible thought a bus