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-beaterj2 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!!
Accident advice please!
Ross
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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!
You would hope a bit of common sense would apply.....
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Maybe he'd forgotten he'd just bought a left hand drive motored 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!You would hope a bit of common sense would apply.....
Ross
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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 eithered 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!You would hope a bit of common sense would apply.....
- bertieduff
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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
) 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
)
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
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...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!!
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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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!"

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!"
1994 Lotus Esprit S4 - Work in progress
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1980 Porsche 924 Turbo - Funky Interior Spec
2004 Smart Roadster Coupe - Hers