corb
Member
Registered: 24th Apr 02
Location: Calgary, Alberta, Canada
User status: Offline
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that sucks.
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Poot
Member
Registered: 30th Jan 05
Location: Wales/midlands drives: 1.6 16v
User status: Offline
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Only option here I would think is to get a good solicitor and try for 'special reasons' - as mentioned previously, what the circumstances were that lead you to having to resort to sleeping in the car...
There are quite a few different areas which could get you off on the special reasons, but cant remember what they re off the top of my head 
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Poot
Member
Registered: 30th Jan 05
Location: Wales/midlands drives: 1.6 16v
User status: Offline
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for example, if you had been caught driving the car whilst ove rthe limit, a special reason for you driving it would be because there was a gang of youths attacking/threatening to attack your car...
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danny-corsa
Member
Registered: 15th Mar 05
Location: Warwickshire Drives: Astra GSi 16v
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sounds a bit strange to me. i can't see why your mate would make you sleep in the car outside his house, or even why anyone would want to sleep in a car when there is a nice warm house nearby. waht i cant understand is; if the police caught you asleep in the car, why did the bloke say he saw you pull off 
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Greg_M
Member
Registered: 2nd Sep 03
Location: Grantham, Lincolnshire
User status: Offline
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as covered before if you are in a car, with the keys and under the influence of alcohol, you will be charged and convicted of drink driving. no matter if you moved the car or not.
The law has always been like this, so you dont really have a leg to stand on mate. gutted 
[Edited on 13-11-2005 by Greg_M]
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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quote:
Originally posted by corsa_godfather
so if i was in the house drinking.left my phone in the car.went out bleeped the alarm opened the door took my phone out and the police saw me they could give me a 12 month ban for it?
Yes - you are in charge of the vehicle.
Harsh for sure, but that is the law if someone chooses to follow it.
I'm worried about this neighbour though - why on earth say the car pulled off if it didn't?
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sunshine beast
Member
Registered: 7th Jan 05
User status: Offline
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this happend to mymate he did the same was in his car listening to music and he got done for this got one years ban and he never even started the car up there complete wankers
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vibrio
Banned
Registered: 28th Feb 01
Location: POAH
User status: Offline
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quote:
Originally posted by LiVe LeE
no you cnat go out and do "stuff while drunk" - just cause you've always got away with it/never being caught doing so - doesnt mean its not illegal
PK1 - what was your actual arrested charge - was in a "drink driving charge" or a "drunk whilst in charge of a vehicle" charge?
PMSL there is nothing to stop you getting into a car while drunk. you have to prove there was intent to drive the car while under the influence. sleeping, getting a CD, is not an intent to drive.
[Edited on 13-11-2005 by vibrio]
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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Ross -
http://uk.cars.yahoo.com/010830/226/c2jwz.html
"the Court will presume you are in charge unless you can show that you were no longer in control and that there was no risk of you resuming control"
"where the vehicle was and where you were in relation to it, whether you had a key, whether anyone was in the vehicle"
Sitting in the drivers seat with the key in your pocket is firmly in charge.
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vibrio
Banned
Registered: 28th Feb 01
Location: POAH
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Being in charge when unfit to drive through drink or drugs prison term Three months or £2500 fine or both ban is Discretionary Obligatory 10 points max
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vibrio
Banned
Registered: 28th Feb 01
Location: POAH
User status: Offline
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quote:
Originally posted by Ian
Ross -
http://uk.cars.yahoo.com/010830/226/c2jwz.html
"the Court will presume you are in charge unless you can show that you were no longer in control and that there was no risk of you resuming control"
"where the vehicle was and where you were in relation to it, whether you had a key, whether anyone was in the vehicle"
Sitting in the drivers seat with the key in your pocket is firmly in charge.
yes my argument was over the intention to drive not being in control of a car. different part of the law and they carry different fines
where were you sleeping in the car?
must be a bitch if you drive a motorhome 
[Edited on 13-11-2005 by vibrio]
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PK1
Banned
Registered: 27th Mar 05
User status: Offline
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i have been charged with:
"drunk while in charge of motor vehicle"
the guy possibly saw me start the engine (in neutral) to put the heaters on
do I stand any chance at all?
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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No.
Poot, special reasons are when your convicted, you put mitigation forward why you shouldn't be disqualified. To do thing such as shortness driven, or not on a public highway arguments they would need to be heard at a Newton hearing.
"PMSL there is nothing to stop you getting into a car while drunk. you have to prove there was intent to drive the car while under the influence. sleeping, getting a CD, is not an intent to drive."
I'm glad your not my lawyer Vibro LOL
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Nath
Member
Registered: 3rd Apr 02
Location: MK
User status: Offline
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Harsh. Went to visit a mate up at uni once, anyway I got lost whilst out on the piss, remembered the way to his house, realised I had no keys for the house, saw my car, found my keys, went in my car and slept. Didn't get busted though, in hindsight if that was illegal I wouldve slept on his door step
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Kyle T
Premium Member
Registered: 11th Sep 04
Location: Selby, North Yorkshire
User status: Offline
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Shit, Im always sleeping in my car when drunk. When I go out in Selby I just park up at the back of the pub and kip there
I better kick the habbit
Lotus Elise 111R
Impreza WRX STi
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glasgow_corsa_c
Member
Registered: 13th Jan 03
Location: Ecosse
User status: Offline
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hang on, is it not a case of if the keys are in the ignition u can get done..
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ed
Member
Registered: 10th Sep 03
User status: Offline
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If you can prove that you didn't drive your car anywhere, then the only witness' information about the event will be disregarded by the magestrates and the case will be dropped surely
If you have your keys in your pocket and THE POLICE CAN PROVE you had intnt ti drive you can be done, you don't even need to be near your car.
Also, anyone remember the copper who pased out behind the wheel of his parked car because he was so pissed, with the engine on none the less...
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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The offence is not driving the car, its being in charge of it.
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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quote:
Originally posted by vibrio
quote:
Originally posted by LiVe LeE
no you cnat go out and do "stuff while drunk" - just cause you've always got away with it/never being caught doing so - doesnt mean its not illegal
PK1 - what was your actual arrested charge - was in a "drink driving charge" or a "drunk whilst in charge of a vehicle" charge?
PMSL there is nothing to stop you getting into a car while drunk. you have to prove there was intent to drive the car while under the influence. sleeping, getting a CD, is not an intent to drive.
[Edited on 13-11-2005 by vibrio]
another circumstance of the almighty powerful Vibrio being wrong? Furthermore - it is your responsibility to prove your unintention
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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quote:
Originally posted by vibrio
you have to have the keys in the ignition and have the intent to drive. sleeping in your car will drunk is not an intent to drive. any lawyer will be able to get you off.
vibrioter talks sense here, if your lawyer is worth the £££ this should be a piece of piss 
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Ally
Member
Registered: 2nd Jul 03
Location: Pontypool Drives: a Skoda
User status: Offline
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You had the key in the ignition while you were pissed ...
Oh lord
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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quote:
Originally posted by PK1
i have been charged with:
"drunk while in charge of motor vehicle"
the guy possibly saw me start the engine (in neutral) to put the heaters on
do I stand any chance at all?
ah, missed this bit
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dna23
Member
Registered: 1st Nov 04
Location: Northamptonshire
User status: Offline
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you make no sense to me
quote:
i had to spend the night in the cells and have all my DNA recorded
thing is theres no police evidence!!!
did they breathalise you and take samples of your blood .etc to proove you were drunk? if so, then they have evidence to prove you were drunk (assuming the tests showed this)
if they did not breathalise you and simply just nicked u which i seem highly unlikely then yes they have no evidence you were drunk.
as it stands to me and from past experience with people i know and this law you were under the influence and in control of a motor vehicle regardless of whether u intended on driving it or not. it's still under your control as you were in possession of the keys whilst in the vehicle.
find yourself a decent barrister/solicitor and look into the laws more and past cases - the links ian posted were helpful
quote:
taken from: http://www.drugsuk.org.uk/drugs/alcohol_general_legal.asp?pagenum=74
The laws about driving while under the influence of alcohol are strict, and are strictly enforced by the police and the courts. The main points are -
You must not drive or attempt to drive any motor vehicle if you are unfit to do so through alcohol or if you have 80 milligrams or more of alcohol in 100 millilitres of blood.
You must not refuse to provide a specimen of breath for testing on the street.
You must not refuse to provide a specimen of breath, blood or urine for testing at the police station. (If you can't take a breath test because of a medical condition, for example asthma, the police will get a doctor to confirm that. If you're 'trying it on' the doctor will soon find out and that will also count as a refusal).
You must not be 'in charge' of a motor vehicle while unfit through alcohol.
also....
quote:
Drinking and Driving
The law prohibits being in charge of a motor vehicle while unfit to drive through the influence of drink or drugs as shown by the proportion of alcohol in the blood, and being in charge within ten years of a previous offence, while under influence.
The 1967 Road Safety Act introduced the breath test and a legal limit of 80 mgs of alcohol per 100 ml of blood.
This is equivalent to 35 microgrammes of alcohol in 100 millilitres of breath, and 107 milligrammes of alcohol in 100 millilitres of urine.
http://www.ias.org.uk/factsheets/law.pdf
[Edited on 15-11-2005 by dna23]
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Corsa E-Tec
Member
Registered: 4th Feb 04
Location: Stevenage Drives: Leon Cupra
User status: Offline
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If you where caught under the influence of aclohol, bretherlised and was over 35-40 micrograms of breath ( depends on district ) or over 80 millagrams of blood and the police found the keys, then sorry, your going to get charged, the only way you can get off this is if you can prove, have evidence or a witness to say that you never had the keys or your mate to own up to having the keys.
but as you said, you started the car to warm the car up so then your guilty
sh1t it is, i know 
[Edited on 15-11-2005 by Corsa E-Tec]
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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Sorry but I had a file today. Asleep on the motorway with a flat tyre, cold engine, and even that wasn't immobolised enough 
I hope none of you legal warriors go and try out your theories LOL
[Edited on 15-11-2005 by timrud_]
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