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Last weekend four of us went out for the evening but the driver stayed on the fruit juice. We stopped on the way home for a carry-out meal and our driver, kindly, offered to go and order up the food leaving three of us rather worse for wear having a slurred conversation and listening to the cd player with the keys still in the ignition. It occurred to me the next day, could one or indeed all of us have been done for being drunk in charge of a motor vehicle which although stationary, was otherwise on the road?
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You probably could have been, but it would take a very mean and nasty plod to do it unless you had given him a lot of what people here call attitude :o)
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When it's possible for someone to be hauled in front of the beak for putting your feet on a seat for 10 seconds, then it's all too possible
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It could depend, to a degree, on where the keys were. If the the sober driver took them away with him - no problem. If they were in the ignition anybody in the car could be deemed to be 'in charge', if they held a driving licence - I think. Standing by for DVD or MLC comment!
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Very, very doubtful under circs described, despite the ign keys being in that the passengers were i/c of the vehicle unless there was some evidence that they had driven or an indication that they were going to drive. The prosecution would have to prove that those on board were in voluntary control of the vehicle, or intended to become so in the immediate future.
But if one of the passengers moved into the drivers seat then that is a different kettle of fish...
dvd
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This happened to a friend of mine:
Had too much to drink at night out and decided to walk home. He went to his car and opened the door to get his coat and Plod aprehended him. He was charged with Drunk in Charge and got 10 points but wasn't bannned as he managed to convince the court he hadn't intended to drive.
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normd2's friend was a victim of injustice IMO, and should surely have won an appeal.
On that basis being in possession of car keys while drunk is evidence of being drunk in charge. It should only apply if the car is driven.
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On that basis being in possession of car keys while drunk is evidence of being drunk in charge. It should only apply if the car is driven.
No - not quite. Drunk, sitting in car with key in ignition and clearly about to start up and drive off is drunk in charge. Agree its unfair to arrest someone for the crime if all they were doing was getting a coat. If it was me and I was sufficiently sober to think about it, I would get the coat via the passenger door.
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My car will only un-double lock from the driver's door. But it would seem prudent, if ripped, not to get into the driver's seat.
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So the advice is that if all you want is your coat, and you are over the limit, give the keys to a sober friend and ask them to come with you to fetch the coat. If you lean/get into the car without the keys it'll be very hard to prove intent to drive.
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Technically yes one of you were in charge. And there is the sticky question, and the reason plod would be pretty powerless. Which one is in charge!
------------------------------
< Ex RF, Ex TVM >
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Which one is in charge! -
'Officer, I cannot tell a lie. He is!'
'No, he is!'
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Drunk in charge of a vehicle is one of the most difficult offences to disprove. You do not have to be driving to be guilty of this office. If you are sat in the driver's seat, or in possession of the car keys, for whatever reason, whilst "over the limit" there is a presumption that you are "Drunk in Charge".
excerpt from : www.motoringsolicitors.com/drunkincharge.html
note "...in possession of the car keys...."
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All very interesting, I thought, and this may be one of those 'pub' rumours.....that if you've had a skinful and decided to sleep in your car. You had to make sure that your keys were nowhere the police could find them (i.e. your pocket or stuffed up the exhaust pipe etc) if they knocked on your window. Else you could be done for drink driving?
The thought being that you could easily start up the car when still over the limit? Although how this is different from making it home (w.o Car) and going back in the morning and still being over the limit I don't know?
Or is this a case of being 'drunk in charge'?
Thanks for your input in advance
Cheers
Benjurs
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'Officer I cannot tell a lie. He is!' 'No he is!'
That's a perfect defence in many crimes. If the Police can't prove who is actually in charge then the case will fail.
There was a similar thing in one of those Police Stop type programmes where a couple whose car had been in a crash each said the other was driving. The Police carted them off, took finger prints off the car etc, bu
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should continue to say:
..but in the summary at the end of the programme it said the Police were unable to proceed against them.
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hauled in front of the beak for putting your feet on a seat for 10 seconds
Oh! Really!
Who, what, where and when?
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!Who what where and when?
Girl in a train, case the other day. The beak scolded the rail company for bringing the case though.
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news.scotsman.com/uk.cfm?id=1414112007
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Is it true you can be banned if on a cycle while drunk if you have a driving licence?
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Is it true you can be banned if on a cycle while drunk if you have a driving licence?
No
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The last time I looked, the maximum penalty for being drunk in charge of a bicycle, was £50 fine.
Unless of course you pay the ultimate Darwinian penalty by falling off in front of a juggernaut.
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>>>> Girl in a train case the other day. >>
10 seconds eh?
No, not quite. In fact totally wrong.
She had her feet resting on the seat.
Well, I am glad she got nicked. we may debate whether a fixed penalty notice would have been more appropriate, but people who put their feet on the seats deserve to be punished.
No, it isn't enough for her to take her feet down and apologise. What a wonderful world it would be, if every time we committed an offence, all we had to do was to stop doing it and say sorry. (irony)
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I absolutely agree; it was right to prosecute her - and wrong of the magistrates to let her off. Just think how much of a deterrent it would have been to others.
Do you really want to sit on a seat that has been used as a foot rest (no matter how young and pretty she was).
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I often wondered about being blasted with drink when you were asleep in your camper, obviously in possession of the keys?
MD
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I'd thoroughly recomend it... :)
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Highly unlikely you could have been charged.
All our police officers are either in speed camera vans or have paperwork to do.
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Just to pose another question (hypothetical of course) - What if your car is parked on private land and you are totally sloshed but sitting in the driving seat of your car with the keys in order to say, use the phone away from the noise of a house party? Obviously the same rules apply, no intention to move the car an inch etc.
Blue
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My understanding was that you could not be charged with being in charge on private land.
Anyway why would your mistress want to listen to you drunk - you should do that sober and talk to the wife when drunk.
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On private land you may drive as much as you like.
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as long as it's not freely accessable by Joe Public.
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