Accident advice please!

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rossybee
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Post by rossybee » Wed Jan 24, 2007 10:29 pm

j2 lot wrote:
Keys in the door - I often stumble home from a night out, open car to get gear from back before heading indoors. Anyone know for sure what the line on this is?
.

Fairly sure you are 'in charge of the vehicle' and could be b-tested and done!!
Yep, AFAIK this is correct - imagine trying to prove to plod that you were not planning on driving, just getting a 3 pack outta the glovebox cos you've clicked, whilst 3 sheets to wind on premium wife-beater :shock:
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ed
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Post by ed » Wed Jan 24, 2007 10:33 pm

I know a guy who was kicked out of the house by his misses and decided to sleep in his car (as you would). He had been drinking and despite the fact he had no intention to drive, sat in the passenger seat, he was done for drunk in charge! :evil: You would hope a bit of common sense would apply.....
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rossybee
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Post by rossybee » Wed Jan 24, 2007 10:43 pm

ed wrote:I know a guy who was kicked out of the house by his misses and decided to sleep in his car (as you would). He had been drinking and despite the fact he had no intention to drive, sat in the passenger seat, he was done for drunk in charge! :evil: You would hope a bit of common sense would apply.....
Maybe he'd forgotten he'd just bought a left hand drive motor :shock: :lol:
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simon
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Post by simon » Wed Jan 24, 2007 10:48 pm

ed wrote:I know a guy who was kicked out of the house by his misses and decided to sleep in his car (as you would). He had been drinking and despite the fact he had no intention to drive, sat in the passenger seat, he was done for drunk in charge! :evil: You would hope a bit of common sense would apply.....
I used to know a guy who came out of the pub and went and slept in his car. Police came along and saw him and breathalysed him and he got charged. His attempts to prove he wasn't in charge of the car by throwing the keys out the window didn't help either :lol:

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bertieduff
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Post by bertieduff » Wed Jan 24, 2007 10:48 pm

Flatmate of mine came out of countryside pub at closing time with his boss. They'd called a cab, but as it was p***ing down they decided to sit in the works van (in the private car-park, not on the road) until cab arrived. Of course plod arrived 30 seconds ahead of taxi, sent the taxi away and did him for drunk & in charge.

He was just about to go to australia for a year and the court case screwed up his visa. Not a happy chappy.

Went to court but was thrown out as cops screwed up on their evidence, but be careful out there! He had no intention of driving and the keys were in his bosses pocket, who was in the passenger seat.

(Turned out another taxi driver had called the cops, but the bit I liked was that incredibly a total of 11 police, in four motors (including minibus :lol: ) turned up for two otherwise law-abiding guys sitting quietly in a car park. This was at 1am on a saturday night- just the point where it all kicks off in town as the pubs empty. So next time you really need 'em, you know where to look :wink: )
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j2 lot
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Post by j2 lot » Wed Jan 24, 2007 11:19 pm

...Still not a definitive answer, as their is not a definitive answer!! BUT case of: Leach v Evans - ' held that a driver who was about 3 yards from his motor van was nevertheless in charge of it'

Possession of the ignition key and proximity to the driving position would normally be taken into account.

In establishing defence it is not necessary to prove beyond reasonable doubt there was no likelihood of him driving .....standard of proof to be applied was that of the 'balance of probability'.


All the above give enough ambiguity that you could be done even if you had no intention to drive your car & were caught in or near it when over the limit.

Be careful out there!!
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thinfourth
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Post by thinfourth » Wed Jan 24, 2007 11:30 pm

Hic

Looks at end of desk spies car keys


Looks at empty wine glass


Oh bugger i could be theroetically done for drunk in charge just now as i have my ca park just outside my house. The law is an ass

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mac
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Post by mac » Thu Jan 25, 2007 12:07 am

"Look Occfffer I'm sooooo pisssssssed I cannny get ma keeey in the ignition"



:D



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Rich H
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Post by Rich H » Thu Jan 25, 2007 9:23 am

Oldie but funny...

Copper sitting outside a pub at closing time and spots a man staggering into the car park. The man stumbles over to a car and fumbles for his keys, drops them once, twice, three times. Scrabbles around on the floor obviously having problems. He finally fishes them off the floor and tries to open his door, succeeding on his forth attempt and slumping into the drivers seat. Mr Plod thinks, got him now and marches up to the driver.

"Excuse me sir, but are you drunk?"
"No officer! Hic!"
"I think you are so I'm going to breathalise you"
Much puffing and blowing later...
"Erm.. you seem to have passed! Are you OK?"
"Oh yes thanks, I'm the duty decoy!"
:roll:
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ed
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Post by ed » Thu Jan 25, 2007 10:19 am

:lol: Id luv to have the b@lls to do something like that!
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RDH
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Post by RDH » Thu Jan 25, 2007 10:20 am

ed wrote::lol: Id luv to have the b@lls to do something like that!
You'd have to be sober! :roll:

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ed
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Post by ed » Thu Jan 25, 2007 10:26 am

:lol: Oh yeah.....that would suck! Perhaps not...... :roll: :wink:
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