Caught Drinking in the car
Discussion
My wife gets so annoyed when I wont go to the car after drinks "to get that thing we forgot". 100% refuse, even to the point of an argument.
If it's heavy like a pram or big weekend bag or something she can have the keys on her ( not over the limit as breastfeeding and only has 1 glass etc ) and I will get it out of the boot, but she must be standing there with them.
This is even on a drive ( not gated ) in the middle of no-where in Berks at my folks. "It will be fine!" will it hell, not happening.
Same with a pub. Can you nip out and get so and so's coat she left on the seat? No. Cue having to explain this thread to the assembled earwigging frowners for "being ungentlemanly". Until I point out its illegal. I've even had to leave keys behind the bar till she turns up etc. I don't even feel comfortable having keys on me with more than 1 pint etc.
The one time I think "Ah it will be ok" will see plod watching me blip the car and get in it. No chance.
If it's heavy like a pram or big weekend bag or something she can have the keys on her ( not over the limit as breastfeeding and only has 1 glass etc ) and I will get it out of the boot, but she must be standing there with them.
This is even on a drive ( not gated ) in the middle of no-where in Berks at my folks. "It will be fine!" will it hell, not happening.
Same with a pub. Can you nip out and get so and so's coat she left on the seat? No. Cue having to explain this thread to the assembled earwigging frowners for "being ungentlemanly". Until I point out its illegal. I've even had to leave keys behind the bar till she turns up etc. I don't even feel comfortable having keys on me with more than 1 pint etc.
The one time I think "Ah it will be ok" will see plod watching me blip the car and get in it. No chance.
mizx said:
Edited the quoted bit out as I didn't make much sense to me after I posted.
So if everyone is just drinking and nobody is over the limit? I should have been banned from driving for a year about 15 times in that case..
If you aren't over the limit, you aren't "drunk" in charge, you are just "having an alcoholic drink" while in charge. No different from having a Coke.So if everyone is just drinking and nobody is over the limit? I should have been banned from driving for a year about 15 times in that case..
BluePurpleRed said:
My wife gets so annoyed when I wont go to the car after drinks "to get that thing we forgot". 100% refuse, even to the point of an argument.
If it's heavy like a pram or big weekend bag or something she can have the keys on her ( not over the limit as breastfeeding and only has 1 glass etc ) and I will get it out of the boot, but she must be standing there with them.
This is even on a drive ( not gated ) in the middle of no-where in Berks at my folks. "It will be fine!" will it hell, not happening.
Same with a pub. Can you nip out and get so and so's coat she left on the seat? No. Cue having to explain this thread to the assembled earwigging frowners for "being ungentlemanly". Until I point out its illegal. I've even had to leave keys behind the bar till she turns up etc. I don't even feel comfortable having keys on me with more than 1 pint etc.
The one time I think "Ah it will be ok" will see plod watching me blip the car and get in it. No chance.
I've heard (though it may well be rumour) of people going out to the car after a few drinks to get a CD - jump into the driver's seat to get it out of the CD player, cop car happens to be passing, you get busted for drunk in charge. Could just be a scare story, but sounds viable.If it's heavy like a pram or big weekend bag or something she can have the keys on her ( not over the limit as breastfeeding and only has 1 glass etc ) and I will get it out of the boot, but she must be standing there with them.
This is even on a drive ( not gated ) in the middle of no-where in Berks at my folks. "It will be fine!" will it hell, not happening.
Same with a pub. Can you nip out and get so and so's coat she left on the seat? No. Cue having to explain this thread to the assembled earwigging frowners for "being ungentlemanly". Until I point out its illegal. I've even had to leave keys behind the bar till she turns up etc. I don't even feel comfortable having keys on me with more than 1 pint etc.
The one time I think "Ah it will be ok" will see plod watching me blip the car and get in it. No chance.
amazes people are that stupid to be sat shortly after passing his test drinking in a car with the engine running!
Unless thats bull and he was driving as sounds fishy to me, why sit in a car when you could be a house drinking with engine running!
Also cars are not designed to idle at the side of the road and make shift pubs with central heating. They are designed to be driven!
Unless thats bull and he was driving as sounds fishy to me, why sit in a car when you could be a house drinking with engine running!
Also cars are not designed to idle at the side of the road and make shift pubs with central heating. They are designed to be driven!
guindilias said:
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.A postman, a milkman, a delivery man - all included in a special class of user who would be accessing the property for the benefit of the householder, not for themselves.
Gate or no gate, still private land.
What about the kid who lives down the street coming to get his football back? Or the aforementioned lost cat? The public have unfettered access, therefore it is not regarded as private unless a barrier is in place.
I was busted for drink driving, and it was made very clear that if I wanted to work on my cars, I needed gates, or even a chain between the gateposts and a sign stating that it was private land - as a chain is hardly much of a barrier.
I was busted for drink driving, and it was made very clear that if I wanted to work on my cars, I needed gates, or even a chain between the gateposts and a sign stating that it was private land - as a chain is hardly much of a barrier.
the penalties for this 'in charge' action seems unduly harsh, considering the actual risk to the public.
the argument that "they might be about to drive" is actually pretty weak. Generally, I don't expect to be punished because I might be about to commit an offence. I serious thought about hitting an annoying g*t in the pub, but I didn't....
Better stop and prosecute all Ferrari drivers doing 70 mph on the motorway. Clearly they in charge of an 150mph car and were likely to speed at any moment.
the argument that "they might be about to drive" is actually pretty weak. Generally, I don't expect to be punished because I might be about to commit an offence. I serious thought about hitting an annoying g*t in the pub, but I didn't....
Better stop and prosecute all Ferrari drivers doing 70 mph on the motorway. Clearly they in charge of an 150mph car and were likely to speed at any moment.
Edited by OverSteery on Tuesday 17th January 13:48
guindilias said:
What about the kid who lives down the street coming to get his football back? Or the aforementioned lost cat? The public have unfettered access, therefore it is not regarded as private unless a barrier is in place.
Sorry, but you are wrong.There would need to be clear evidence that the driveway was being used regularly by the public generally before there was any chance of it being regarded as a 'public place'. And the 'general public' does not include residents or visitors to the property.
Plenty of case law to support this position - example:
A sign or barrier lends weight to restriction of the area to a special class and thus to its being private but the absence of such is not determinative: Edwards v DPP 1994
SS2. said:
Sorry, but you are wrong.
There would need to be clear evidence that the driveway was being used regularly by the public generally before there was any chance of it being regarded as a 'public place'. And the 'general public' does not include residents or visitors to the property.
Plenty of case law to support this position - example:
A sign or barrier lends weight to restriction of the area to a special class and thus to its being private but the absence of such is not determinative: Edwards v DPP 1994
And from a Lawyer's website - "Generally, a public place is any area to which the public have access without having to overcome physical obstacles such as gates or ignoring notices prohibiting entry.", which I believe was an update to the RTA around 2006.There would need to be clear evidence that the driveway was being used regularly by the public generally before there was any chance of it being regarded as a 'public place'. And the 'general public' does not include residents or visitors to the property.
Plenty of case law to support this position - example:
A sign or barrier lends weight to restriction of the area to a special class and thus to its being private but the absence of such is not determinative: Edwards v DPP 1994
But I think we need either a solicitor, or a policeman with a rock-solid knowledge of the law to conclude this - there is case law on both sides, and it seems to come down to the magistrate's opinion in most cases!
guindilias said:
And from a Lawyer's website - "Generally, a public place is any area to which the public have access without having to overcome physical obstacles such as gates or ignoring notices prohibiting entry.", which I believe was an update to the RTA around 2006.
But I think we need either a solicitor, or a policeman with a rock-solid knowledge of the law to conclude this - there is case law on both sides, and it seems to come down to the magistrate's opinion in most cases!
Look at it logically.But I think we need either a solicitor, or a policeman with a rock-solid knowledge of the law to conclude this - there is case law on both sides, and it seems to come down to the magistrate's opinion in most cases!
A vehicle requires to be insured to be used on a road or other public place.
By your rationale, it would be an offence to leave an uninsured vehicle on your driveway unless it had a gate.
Do you think that's the case ?
agtlaw said:
colinrob said:
My business partner who is 25 and only passed is test in March, was caught on Saturday night sitting in his car with his girlfriend drinking, he was outside his parents house, (where he lives) and had no intention of driving the car but the engine was running to keep them warm, he was arrested and re-tested at the police station with 40ml, kept in the cells for 9 hours then bailed to appear before the magistrates in a couple of weeks time.
What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
Sounds like NG, or at worst 10 points. Assuming he is properly advised.What do you think the outcome will be (I think min 12 month ban but is there any chance of getting off?)
This ^^^^.
IANAL, but agtlaw is, if you're bothered about your friend's outcome - ignore the pub chat in this thread and get him to seek proper legal advice.
Your business partner is a moron BTW (as is his GF), but that's just more unhelpful comment.
agtlaw said:
Terzo123 said:
As far as the law is concerned, the OP's colleague was technically driving the vehicle, and not just in charge.
Ignore this nonsense.Edited to add, I see that it is slightly different in England.
Edited by Terzo123 on Tuesday 17th January 16:36
Edited by Terzo123 on Tuesday 17th January 17:00
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