Tidgy

So here the situation, you have a drink so decide not to drive home but sleep in your car in a carpark.

You put the radio and recline the seat fully back to get comfortable.

You then get woken up by police and asked to give a breath sample. You refuse and get done for failing to provide a breath sample.

WTF is that all about, if he gave a sample he'd have been way over the limit, so would have been done for drink driving.

There ws no need for the jobsworth ploid to do anything other than make sure he was ok, the fact he was asleep and seat fully reclined means he wasn't actualy driving. What a complete waste of tax payers money.

http://www.bbc.co.uk/news/uk-england-somerset-15675623

DCI Gene Hunt

If you had the keys on you you're screwed.... as you were technically in control of said motor vehicle

Terminator X

iTrader: (7)

I agree but the driver should have taken it to court with a not guilty plea, f*cking annoys me when people just roll over on stuff like this

TX.

andy-m

iTrader: (1)

"The actor was discovered with the seat reclined, key in the ignition and the radio on, asleep behind the wheel of his green Jaguar".

sorry but from their point of view, they saw someone with the keys in the ignition. they said they could smell booze on his breath when he spoke to them. they are in a car park, which no doubt had camera's.

If he decided at some point that he was now sober enough to drive but actualy wasnt and then drove off and killed someone, not only would there have been a death that otherwise could have been avoided, but the copper would have been on the car park CCTV camera's too and i'm sure the defence lawyers would have said in court that it wasnt the drivers fault because the police should have done something back in the car park....

urban

iTrader: (1)

He's guilty I'm afraid

In possession of the keys

lordharding

iTrader: (1)

100% guilty
In charge of an car many people have been caught this way
Chances are he would be well over the limit driving someware in te morning looking for breakfast and a strong coffee to sober him up

astraboy

Yep, agreed. However he shouldn't find it too much of a struggle, its not like he can't afford a chauffeur, afterall.

On a side note though, would chucking the keys in the boot have made a difference? I've always wondered.
Astraboy.

pslewis

Back in the day people would, if chased by the Police, find a place to quickly stop and recline seat acting asleep .... Police say in court that they 'came upon' driver asleep in the car. Defendant would argue that they had no intention of driving and were let off.

Hence law was stiffened to stop it.

Only way to do this is to sleep on the back seat, with keys in the glovebox.

Gear Head

iTrader: (2)

As already said, it is well know that if you are sat in the driver's seat with the keys on your person, you are classed as being in control of a motor vehicle. End of.

CrisPDuk

I don't understand how it got this far, a supermarket carpark is usually private land, the police have no jurisdiction.

I have been down this route myself, asleep in my car on parents drive (forgot house keys).

I got a trip to the station and a threat of prosecution, but they couldn't take it any further because they were unable to prove I'd been off the drive, because I hadn't

Learned my lesson though

Cammy5106

iTrader: (3)

My mate got done with this exact same thing, but he was in the back seat, keys in his pocket, they searched him found the keys and he got done and a 3 year ban..

Trout

iTrader: (1)

It's the law, innit

fivetide

iTrader: (1)

Common error. If the public has a right of access the Police can and will do you for traffic offences in it. Found out when someone bumped my car at a Tesco and the Police did him with an RTA and explained why they could.

As for the driver in the article, sorry, stupid driver rather than stupid pold.

5t.

Terminator X

iTrader: (7)

Sounds out of order to me as there is no evidence that you've been driving? What exactly is the offence?

TX.

Trout

iTrader: (1)

It is the law, innit.

The offence is NOT driving it is being in charge of the vehicle.

So if you have your keys on you and you are in the car you commit an offence.

Why?

Because if you are driving and plod spots you - you pull into the nearest car park and turn off the engine?

Or because when plod find you - you may be just about to drive off.

The law is unambiguous on this.

The Zohan

My understanding as well. Not knowing the law is not a defence. He may well have had no intention of driving the car but that is not the issue. Being in charge of the vehicle whilst drunk/intoxicated is.

JTaylor

Stupid Tidgy yet again

f1_fan

iTrader: (9)

A nice helpful post LOL!

Cammy5106

iTrader: (3)

Its exactly like Trout says.

Some folk are honest and prob are trying to sleep it off, but a cop is not going to take the chance, then the sec they are away the drunk the fires up the car and takes off and kills some poor unsuspecting member of the public..

Terminator X

iTrader: (7)

Sounds like "pre crime" to me a la Minority Report

TX.

Luan Pra bang

The trouble with the law as it stands is what happens if you stop to retrieve an item from you car while waiting for a taxi ? I used to leave my house keys and phone in the car on a night out and retrive them on the way home so technicaly I was breaking the law. In that case even being near your car while in possesion of the keys while drunk could be termed in charge of the vehicle. Even worse on cold nights somtimes we used to sit in the car while waiting for a cab to keep warm. The structure of the law at the moment suggests that you are better of driving rather than sleeping it of in the car.

Terminator X

iTrader: (7)

From a legal website:

"Unlike drink driving which is defended largely on technical grounds, drunk in charge has a statutory defence. The law is clear in that somebody cannot be convicted of an “in charge” offence if they can prove that there was no intention and/or likelihood of the vehicle being driven whilst the driver was over the prescribed limit (for drunk in charge) or still impaired (for in charge whilst unfit through drink or drugs).

It is up to the defence to prove that there was no intention or likelihood of the vehicle being driven."

TX.

Coffin Dodger

Whenever I went camping I'd quite often sit in the car later on in the evening as it had lighting and I could listen to the radio. Seemed to warm up nicely from body heat after a while too. Thought I could be on dodgy ground if the police ever saw as there would usually be a beer on the go, typically chased with a large whiskey (for the cold), and sometimes a fat spliff being smoked

Slept well in the tent later though

EddScott

How come banned for 6 months though?

Thought DR10 was automatic 12 months? Unless its 6 months for failing to provide a breath test? Even with asthma its not hard to blow into the machine in the cop shop.

billythekid

Re public place. If the public are afforded open access to this place, at the time of the offence, then its public in terms of the road traffic act. It does not matter if they have to pay a fee to get into that place either.

If there is some question over that fact, then its up to the court to decide before proceeding.

dazdavies

iTrader: (22)

Best let the old man know about this. He quite often gets sh*tfaced in his campervan when he's on holiday!!

CrisPDuk

Thanks for that info, it explains my lucky escape

There must be exemptions built into the law though? To cover camper vans and wagons with sleeper cabs

If I was to do need to do it again, both my cars have separate door & ignition keys, I'd have to leave the ignition key elsewhere

kingofturds

iTrader: (1)

I had to sleep in my car right outside newquay police station a few years back after having a few too many. I remembered the girls hotel room number, but forgot the name of the hotel. Never thought it was an offence to sleep in the back of your car.

CEL

iTrader: (1)

How can you be in charge of a motor vehicle with the engine off? In charge of the radio perhaps? is that an offence while drunk?

Ridiculous!

Dr Hu

Didn't 'StickMicky' get done for this on very tenous grounds a few years back.....

he was done for 'Drunk In Charge' - I seem to remember he was getting something out of his boot at the time.... he had no intention to drive.

Its a bitch of a way to get a drink-driving charge... I'd be well pissed off.