Robin
Premium Member
Registered: 7th Jan 04
Location: Northants Drives: Clio 182 Cup
User status: Offline
|
It's being drunk in charge of a vehicle rather than drink driving IIRC, so you can probably be arrested keys or not.
However, I would imagine that most Police would just see if you were ok and move on, unless you were sat at the steering wheel with the car running.
|
Jambo
Member
Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
User status: Offline
|
quote:
Originally posted by Robin
However, I would imagine that most Police would just see if you were ok and move on, unless you were sat at the steering wheel with the car running.
I doubt they would. Statistics robin, statistics. They will be on commision before long.
|
Robin
Premium Member
Registered: 7th Jan 04
Location: Northants Drives: Clio 182 Cup
User status: Offline
|
True 
Just googled it and it'd be a DR40 rather than a DR10, which means that technically, if you have your car keys on you and you're drunk, even if you're not near the car, you are in charge of a vehicle and could potentially be arrested
|
Deadude
Member
Registered: 30th Jun 07
Location: Spondon, Derby
User status: Offline
|
what if ur sleeping in a motorhome thing  ?
|
Cole
Member
Registered: 11th Nov 02
Location: eastbourne Drives:zafira sold now a qashqai
User status: Offline
|
i have a friend who was out drinking and had left his coat in the car so at the end of the night he went back to his car got his coat out and locked the car as he did this the police came over to him breathalised him and he was arrested for being charge of a motor vehicle even though they coud see all he did was get his coat and re lock the car and start to walk away very dodgy area if you ask me
|
Terry12
Member
Registered: 24th Sep 07
Location: Manchester
User status: Offline
|
Not read past the first few posts so sorry if I it's been said before.
If the car is on the highway or parked in a public place and you're inside and drunk you'll be done for drunk in charge of a motor vehicle.
It's not for the police to prove you were going to drive, It;s for you to prove there was no chance you could drive. Keys hidden or under the tyre just won't wash.
Besides it's freezing out, You'd have to have the engine running to keep warm. I'm a truck driver and know how cold it gets sat in a vehicle with no heater. I have to have the engine running after an hour if the wagin i'm in doesn't have a night heater.
Read through this.
http://www.drinkdrivinglaw.co.uk/offences/in_charge_of_a_vehicle_with_excess_alcohol.htm#Can_I_be_prosecuted_if_I_am_sitting_in_the_passenger_seat
|
MJFF88
Member
Registered: 30th Apr 08
User status: Offline
|
Sleep within a CCTV area and they can surely do you for fuck all?
|
eddiewhiteley
Member
Registered: 10th Mar 05
Location: down in albion
User status: Offline
|
id get a taxi home then you have no worries
|
Terry12
Member
Registered: 24th Sep 07
Location: Manchester
User status: Offline
|
quote:
Originally posted by MJFF88
Sleep within a CCTV area and they can surely do you for fuck all?
So within a public area? Like I said if you're in charge of the vehicle and over the the limit it won't matter that a camera has watched you sleep for 8 hours.
You could still wake up in the morning, drive off and be over the limit.
Only real way would be to disable the vehicle or have the keys miles away.
|
am4nf
Member
Registered: 27th Jul 08
Location: South Ayrshire Drives: Corsa Sport
User status: Offline
|
my dad got banned for it keys were in real wheel arch coppers put them on him
|
Warren G
Member
Registered: 14th May 06
Location: Kent
User status: Offline
|
quote:
Originally posted by Kurt
quote:
Originally posted by antmashed
warren slept under his strut brace @ pvs
i took the better option and slept in the mud with some wanking material
that wasnt that comfactable, but i just wanted to pass out somewhere
i think i ended up in the drivers seat, with the car running most the night to keep warm
quote:
Originally posted by Whittie
quote:
Originally posted by gavin18787
at least you didnt remove your teeth 
My poor windscreen
I mean, poor warrens mouth 
my poor poor tooth
the memeriors 
|
SAL
Premium Member
Registered: 19th Dec 05
Location: Radlett, Hertfordshire
User status: Offline
|
Well after leaving the country club @ 4 dismorn the police where outside keeping an eye on the drunk's, We asked if it was ok to sleep in the car's and said it was all good and to not start them. I didnt drink but couldnt be arsed to drive
|
antmashed
Member
Registered: 2nd Aug 06
Location: Hertford
User status: Offline
|
and i slept in my corsa/bed  happy days was comfortable too
|
GT190
Member
Registered: 6th Dec 07
Location: Greater London
User status: Offline
|
my mate slept in his car when he was drunk with his keys in the glove box, copper breath tested him in the morning but he passed, just.
|
Chris F
Show Staff
Organiser: East Anglia
Premium Member
Registered: 26th Dec 05
Location: Newmarket Drives: Escort Van 1.8
User status: Offline
|
hang on - two cars, just swap keys and lock your selfs in!
When the old bill ask you if ur in posstion of the keys say yes but they wont start the fucker
|
antmashed
Member
Registered: 2nd Aug 06
Location: Hertford
User status: Offline
|
too late CF weve already slept
|
Gazdaman
Member
Registered: 30th Aug 07
Location: Leicester
User status: Offline
|
I know the answer to this one.
The police definition of driving is 'being in control of the steering and propulsion' Also being drunk in charge is separate to driving.
"Attempting" to drive. The definition is 'doing an act which is more than merely preparatory to the offence'.
So if you fumble the keys into the ignition or similar. Then you'll be done for attempting to drive whilst over the prescribed limit (assuming a breath test is failed).
The actual legislation sets out a defence that the accused can prove there was 'no likelihood of them driving whilst over the prescribed limit'.
So that means the keys are somewhere else really. It's to combat getting pissed, sleeping in your car, getting up in the morning and driving whilst still over the limit.
So long and short. You can do it. Just make sure the keys are elsewhere. Ideally with a mate.
If you sleep in the car with the keys on you, expect to get done for drunk in charge. There's case law of a guy who got drunk in a pub. Got his briefcase out of the boot of his car before calling for a cab and was charged and convicted of drunk in charge.
|
Jon_C
Premium Member
Registered: 7th Dec 05
Location: Suffolk
User status: Offline
|
quote:
Originally posted by antmashed
too late CF weve already slept
You must of been freezin
|
corsaloon
Member
Registered: 9th Dec 07
Location: scotland
User status: Offline
|
I had 12 peaople including me sleeping in my car (all of us had been drinking), i put the keys under my bonnet lol 
|
Jambo
Member
Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
User status: Offline
|
12 people in a car
Surely this law about sleeping ina car etc is pointless. Its a bit like saying you have been found with a gun so you MUST have killed someone so we will charge you with murder with no evidence whatsoever.
|
danward
Member
Registered: 14th Nov 06
Location: Northants Drives: C Exclusiv
User status: Offline
|
I did this once but left the engine running accidentally. I was very lucky that the policeman only took my keys and told me to go get them in the morning from the station.
|
STEvieXE
Member
Registered: 21st Jan 03
Location: Ballymena N.I.
User status: Offline
|
my mate got done for drunken charge, he was sleeping slumped over the steering wheel with engine off etc but keys in ignition.
he didnt get banned, just got his license taken off him and told to go and redo his test
like someone already said if you have keys on you at all in the vicinity off your vehicle technically you could be done for drunken charge
tbh its madness taking a chance like that
[Edited on 01-01-2009 by STEvieXE]
|
micra_pete
Premium Member
Registered: 23rd Apr 03
Location: West Yorkshire
User status: Offline
|
like Deadude said, surely any camper can owner with his keys who fancies a cheeky glass before bed would fall short?
|
Gazdaman
Member
Registered: 30th Aug 07
Location: Leicester
User status: Offline
|
It's difficult. You can be in charge without even getting in the car.
It's similar to assault though, the definition is causing someone to apprehend the use of immediate and unlawful personal violence.
i.e no physical contact has to take place.
People commit offences all the time. The police will use discression and common sense.
If you use common sense too, you'll be fine.
Gaz
|
Anty
Premium Member
Registered: 19th Mar 08
Location: droitwich
User status: Offline
|
http://uk.youtube.com/watch?v=MDjdMxHHmF4&feature=related
|
