Drunk and keys in ignition
Discussion
Colleague’s uncle is in court later this week after he was caught passed out / asleep behind the wheel of his car in a pub car park. The keys were in the ignition. He had ,over the course of the night, consumed at least half bottle of whisky and my colleague believes he fully intended to drive home as he’s driven home drunk before on a few occasions.
When he was woken by the police and challenged he became violent and resisted arrest. My colleague thinks he’s been charged with assault or at very least resisting arrest.
Colleague's Uncle apparently remembered nothing when he woke up the next morning handcuffed to a hospital bed…..
Colleague absolutely hopes he gets book thrown at him – spoken to him previously about this sort of think and been told to eff off and mind their own business. Uncle is 6’4, 18 stone and aggressive when drunk. They believe that someone in the pub phoned the police before he left.
So, what he’s looking at then? I assume a ban, points and fine for the “attempting to drive whilst unfit through drink” and possibly a suspended sentence for the assault (he’s got no known ‘form’ apparently)?
When he was woken by the police and challenged he became violent and resisted arrest. My colleague thinks he’s been charged with assault or at very least resisting arrest.
Colleague's Uncle apparently remembered nothing when he woke up the next morning handcuffed to a hospital bed…..
Colleague absolutely hopes he gets book thrown at him – spoken to him previously about this sort of think and been told to eff off and mind their own business. Uncle is 6’4, 18 stone and aggressive when drunk. They believe that someone in the pub phoned the police before he left.
So, what he’s looking at then? I assume a ban, points and fine for the “attempting to drive whilst unfit through drink” and possibly a suspended sentence for the assault (he’s got no known ‘form’ apparently)?
Edited by refresher on Monday 4th February 15:16
Look at this another way. He came out the pub, drunk as a skunk, decided by himself that he was unfit to drive. Decided to sleep it off in a car on private property.
You want to jail him for what you thought it was in his mind to do.
I would suggest he should see no jail time.
Throw away the key if you find him trying to drive on the road but how can you say this amounts to anything?
You want to jail him for what you thought it was in his mind to do.
I would suggest he should see no jail time.
Throw away the key if you find him trying to drive on the road but how can you say this amounts to anything?
splitter / judas said:
In order to possibly answer the question, what was he charged with?
i'm not sure, i've asked my colleague to get more info and they are doing so now but from whats been described to me, colleague's Uncle has not been charged with DD as he wasn't driving so assume its going to be drunk in charge.as for resisting arrest and/or hitting the copper, well i guess it depends on severity and what the CPS believe they can charge - apparently took 3 coppers to get him into the van but don't know extent of their injuries.
Edited by refresher on Monday 4th February 15:14
julian64 said:
Look at this another way. He came out the pub, drunk as a skunk, decided by himself that he was unfit to drive. Decided to sleep it off in a car on private property.
You want to jail him for what you thought it was in his mind to do.
I would suggest he should see no jail time.
Throw away the key if you find him trying to drive on the road but how can you say this amounts to anything?
i never said i wanted him chucked in jail, my colleague does as its not the first time he's driven drunk. However if he's on the road in the state it was described to me then he needs locking up for safety of others...You want to jail him for what you thought it was in his mind to do.
I would suggest he should see no jail time.
Throw away the key if you find him trying to drive on the road but how can you say this amounts to anything?
however he's committed an offence in the eyes of the law as he's been deemed to be 'drunk in charge'. Now i think that drunk in charge is a grey area - i've slept in cars before when hammered (back seat, keys in pocket) never had any intention of driving but my word against CPS' if i was arrested by the police. I think intention is hard to prove in all cases but sat in drivers seat with keys in ignition looks a bit more like intention to drive than sat in back with keys in pocket do you not think?
splitter / judas said:
It is possible he has been charged with a drink drive offence or maybe a public order/drunk and disorderly charge and possibly assault on Police.
Sadly without the details of the charge(s) we could speculate until the cows come home
waiting for come back from colleague but have just been told the court case is on thursday (the offence was a while ago obviously but colleague hasn't wanted to discuss for, i think, obvious reasons) so at worst i can advise on friday when i find out what colleague's uncle ends up with. colleague says thanks for the info - their uncle is not talking to anyone about it so they didn't know what the solictor had advised in terms of punishment.Sadly without the details of the charge(s) we could speculate until the cows come home
[dons speculation hat]If it is straight forward drunk in charge/fail to provide/unfit through drink or drugs then yes will be disqual and a fine. If it is assault or public order offence then I would expect a fine of some sort - possibly a couple of hundred £s. [/dons speculation hat]
splitter / judas said:
julian64 said:
Is the pub car park not considered private property?
Depends - unless it has signage up to indicate closed/no right of way/has a gate or barrier then it is deemed public as in "any strip of land to which the public can legally pass and repass".Oh, maybe the clues in the ambigious last line. People can only 'legally pass and repass' with the owners permission. In other words its private.
julian64 said:
splitter / judas said:
julian64 said:
Is the pub car park not considered private property?
Depends - unless it has signage up to indicate closed/no right of way/has a gate or barrier then it is deemed public as in "any strip of land to which the public can legally pass and repass".Oh, maybe the clues in the ambigious last line. People can only 'legally pass and repass' with the owners permission. In other words its private.
Irrespective of whether it be private or public land, the police were called and arrested him for being drunk and in charge of a vehicle.
My brother did the same thing, only he's never driven home drunk and chose to sleep in his car with the key in the ignition and driver seat pushed all the way back.
However in the eyes of the law as long as the keys are in the ignition, the intent is there and trying to say "you were only sleeping" in court normally won't let you off the hook.
Did he provide a sample?
My brother did the same thing, only he's never driven home drunk and chose to sleep in his car with the key in the ignition and driver seat pushed all the way back.
However in the eyes of the law as long as the keys are in the ignition, the intent is there and trying to say "you were only sleeping" in court normally won't let you off the hook.
Did he provide a sample?
Previoulsy dealt with a drunk in charge incident a couple of years ago.
0300h Come across a Car stopped in the road.
Keys in ignition.
Male sat in drivers seat asleep. Top half of body hanging out of open drivers door leaning down towards the pile of vomit on the road.
Upon being awoken by myself, failed breath test,arrested, failed evidential test, Interviewed.
" I walked from the club to my car (1 mile away) for a sleep. Was cold, so turned engine on to warm up the heating, then fell asleep. I wasn't driving home "
Bearing in mind drunk in charge is one of the only offences that the burden of proof rests on the defence ( That he was not going to drive ) not the prosecution.
CPS stated, insufficent evidence that he was going to drive. Therefore, can not support a prosecution.
0300h Come across a Car stopped in the road.
Keys in ignition.
Male sat in drivers seat asleep. Top half of body hanging out of open drivers door leaning down towards the pile of vomit on the road.
Upon being awoken by myself, failed breath test,arrested, failed evidential test, Interviewed.
" I walked from the club to my car (1 mile away) for a sleep. Was cold, so turned engine on to warm up the heating, then fell asleep. I wasn't driving home "
Bearing in mind drunk in charge is one of the only offences that the burden of proof rests on the defence ( That he was not going to drive ) not the prosecution.
CPS stated, insufficent evidence that he was going to drive. Therefore, can not support a prosecution.
time2react said:
Previoulsy dealt with a drunk in charge incident a couple of years ago.
0300h Come across a Car stopped in the road.
Keys in ignition.
Male sat in drivers seat asleep. Top half of body hanging out of open drivers door leaning down towards the pile of vomit on the road.
Upon being awoken by myself, failed breath test,arrested, failed evidential test, Interviewed.
" I walked from the club to my car (1 mile away) for a sleep. Was cold, so turned engine on to warm up the heating, then fell asleep. I wasn't driving home "
Bearing in mind drunk in charge is one of the only offences that the burden of proof rests on the defence ( That he was not going to drive ) not the prosecution.
CPS stated, insufficent evidence that he was going to drive. Therefore, can not support a prosecution.
did you check the brakes for heat????0300h Come across a Car stopped in the road.
Keys in ignition.
Male sat in drivers seat asleep. Top half of body hanging out of open drivers door leaning down towards the pile of vomit on the road.
Upon being awoken by myself, failed breath test,arrested, failed evidential test, Interviewed.
" I walked from the club to my car (1 mile away) for a sleep. Was cold, so turned engine on to warm up the heating, then fell asleep. I wasn't driving home "
Bearing in mind drunk in charge is one of the only offences that the burden of proof rests on the defence ( That he was not going to drive ) not the prosecution.
CPS stated, insufficent evidence that he was going to drive. Therefore, can not support a prosecution.
A relative of mine was found slumped at the wheel asleep, having probably drunk a similar amount to your colleague. He didn't resist arrest.
He went to court and got 10 points on his license and a fine, around £500 I think.
I don't know if the keys were in the ignition, or if that makes any difference.
He went to court and got 10 points on his license and a fine, around £500 I think.
I don't know if the keys were in the ignition, or if that makes any difference.
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