Drinking in a Parked Car

[Thomas Foreman]

http://www.ilkleygazette.co.uk/news/16300231.Drivi...

Thoughts? I think it's silly that someone would ever want to drink in their car, as that's never going to look good and seems a little depressing to me. It doesn't sound like he was planning on driving it, but I guess with the engine switched on there's no defending himself.

Does anyone know the law regarding this? If the engine had been off would he still have been charged? Or is it a matter of the keys being in the ignition?

[Fastpedeller]

Driving along a motorway many years ago (before mobile phones) we were overtaken by another car, the driver was drinking lager as he passed!

[Shuvi McTupya]

I don't even think they keys need to be in the ignition for that charge to stick. In fact i don't even think you need to be in the car!

I am curious what the £400 'costs' was for though.

we already pay for the police and the courts through taxes.

[Stu-511]

I think that if the keys are in your possession doesn't matter if there in the ignition or not and your in the drivers seat then yes you will get charged with drink in charge of motor vehicle or whatever they call it.

[Google [bot]]

I sympathize with the bloke but I think the answer is having keys even in the ignition counts as being in control of the vehicle. Maybe even if the keys were in his pocket?

I’m not in the UK so am going by memory.

[Shuvi McTupya]

Fastpedeller said:

Driving along a motorway many years ago (before mobile phones) we were overtaken by another car, the driver was drinking lager as he passed!

And that is not necessarily against the law

Actually i guess you can get done for driving without due care and attention, but the fact that is a can of lager is no different from a can of coke.

so long as you are under the drink drive limit.

[Timmy45]

Fastpedeller said:

Driving along a motorway many years ago (before mobile phones) we were overtaken by another car, the driver was drinking lager as he passed!

Provided he wasn't over the legal limit the alcohol wouldn't be an offence, what he'd be done for would be driving without due care and attention which would apply for drinking or eating anything whilst driving.

[Shuvi McTupya]

Google [bot] said:

I sympathize with the bloke but I think the answer is having keys even in the ignition counts as being in control of the vehicle. Maybe even if the keys were in his pocket?

I’m not in the UK so am going by memory.

I am sure i heard a story, probably on here. that someone got charged with drunk in charge when they went out to their parked car to retrieve something and the cops just happened to be passing and could tell he was pissed.

[Shuvi McTupya]

Timmy45 said:

Provided he wasn't over the legal limit the alcohol wouldn't be an offence, what he'd be done for would be driving without due care and attention which would apply for drinking or eating anything whilst driving.

Really?

[SlackBladder]

What's the law on motorhomes, say you've parked up overnight and had a bottle of wine with your meal?

[Timmy45]

Shuvi McTupya said:

Timmy45 said:

Provided he wasn't over the legal limit the alcohol wouldn't be an offence, what he'd be done for would be driving without due care and attention which would apply for drinking or eating anything whilst driving.

Really?

https://www.quora.com/English-Law-Is-it-legal-to-drink-alcohol-whilst-driving-a-car-in-England-Wales

Basically if a passing BiB sees you doing it he's going to think you're taking the piss and nic you for something. But it won't be that you are drinking alcohol.

[Shuvi McTupya]

Timmy45 said:

https://www.quora.com/English-Law-Is-it-legal-to-d...

Basically if a passing BiB sees you doing it he's going to think you're taking the piss and nic you for something. But it won't be that you are drinking alcohol.

Check the post above yours

[DJP]

Technically, if your car is on the street and you're indoors you could still be Drunk In Charge.

Never heard of anyone being prosecuted for it, mind. But it is the law.

[Shuvi McTupya]

SlackBladder said:

What's the law on motorhomes, say you've parked up overnight and had a bottle of wine with your meal?

Grey area i think.

Theoretically you could get charged, but i imagine it would be fairly easy to defend.

[Timmy45]

Before anyone asks, yes you can be done for being drunk in charge of a horse.

http://news.bbc.co.uk/1/hi/england/tyne/7861406.st...

[WhiskyDisco]

I was recently a guest at a wedding in the middle of Devon. I didn't bother booking accommodation as I planned to sleep in the back of my VW Caravelle in the church hall car park. The rear was converted into a bed and a great deal of booze was consumed. Slept like a baby.

I assume that I was technically 'in charge of a motor vehicle' - even though I was asleep in the back in a sleeping bag. Im interested to know whether I could have been woken up, removed from my bag and arrested for drink driving?

[G13NVL]

Shuvi McTupya said:

SlackBladder said:

What's the law on motorhomes, say you've parked up overnight and had a bottle of wine with your meal?

Grey area i think.

Theoretically you could get charged, but i imagine it would be fairly easy to defend.

Pretty sure you have be in a position obvious your not driving like parked up for the night with curtains drawn, keys in a draw or something. Same with HGV trampers.

[captain_cynic]

WhiskyDisco said:

I assume that I was technically 'in charge of a motor vehicle' - even though I was asleep in the back in a sleeping bag. Im interested to know whether I could have been woken up, removed from my bag and arrested for drink driving?

I think in this case the motor was on. Possibly also in the drivers seat. I think you'd be pretty safe if a bobby saw your sleeping gear in the back when parked up at a wedding venue.

Also, the article said he was getting smashed in the car because the booze at the spa was too expensive (according to the accused). He was also reported by the spa staff for suspicious behaviour... So I think those popping down to the car to have a sneaky drink in outside the wife's knowledge are pretty safe.

[Timmy45]

captain_cynic said:

WhiskyDisco said:

I assume that I was technically 'in charge of a motor vehicle' - even though I was asleep in the back in a sleeping bag. Im interested to know whether I could have been woken up, removed from my bag and arrested for drink driving?

I think in this case the motor was on. Possibly also in the drivers seat. I think you'd be pretty safe if a bobby saw your sleeping gear in the back when parked up at a wedding venue.

Also, the article said he was getting smashed in the car because the booze at the spa was too expensive (according to the accused). He was also reported by the spa staff for suspicious behaviour... So I think those popping down to the car to have a sneaky drink in outside the wife's knowledge are pretty safe.

added to which he says he was going to get a taxi home, he would say that wouldn't he. If I were a betting man I'd say applying the logic of the inebriated he would have been tempted to drive home.

[Jader1973]

Timmy45 said:

Before anyone asks, yes you can be done for being drunk in charge of a horse.

http://news.bbc.co.uk/1/hi/england/tyne/7861406.st...

And a bicycle.