Are you in charge of a car if just sitting in the driver's seat with engine off?

sebdangerfield

I appreciate that and it makes sense. However, as I posted previously, we're going on the posts of people who have either been arrested or 'harrassed' by Police.

Its common sense to see that it's far easier to just blame someone else for our wrongs therby changing a fact or two to make it more appetising and thought provoking.

There are more hard done to people on this one thread alone than I've ever had in my office who said they'd been wrongfully arrested or harrassed. As said before, we need to take more of it with a pinch of salt. It's the internet and we never truely know the whole facts.

Lum

I should probably also point out that my issue isn't with the police as an organisation* but with the legal framework in which they operate.

I'm fully aware that most officers are decent, honest and hard-working individuals who joined the force because they have a genuine desire to protect the public and serve the country. I'm also fully aware that you are always going to get the bad apples who are in it because they enjoy the power trip, I'm also aware that the latter is going to be disproportionately represented in the media and on internet forums.

However the legislation that the last government has spewed out over the years, combined with the ever increasing use of statistics to judge performance really does allow the latter to thrive within the force and does nothing to discourage it.

Some examples include the mobile phone one I posed above, also the section 59 "Vehicular ASBO" which while requiring "reasonable cause" does not require the officer to prove reasonable cause at any point and allows the officer to dish out punishment with no right to judicial process or even an independent appeal.

*though I am no fan of ACPO.

Gavin83

sebdangerfield wrote: »

1)Drink, drive home, park up and go into the house.
2)Drink, drive home, have an accident half way and run off.
3)Drink, drive home, make off from Police and are later caught walking through the street.

For the first point, how would the police be aware the vehicle had been driven anyway? For the last two, Im fairly sure there is another offense there anyway.

Besides, in all of the above scenarios the crime has already been committed and therefore a charge should exist. I was more referring to a person who hasn't yet committed the driving offense, but officers believe 'possibly' could. Unless they've actually committed the crime I don't think any punishment should be given.

sebdangerfield

That clears that up then. Thanks.

sassy_one

Yes, you are consider to be in charge of the car if you have the keys on you or in the ignition.

It doesn't matter if the engine is running on or off

msmyth18

Lum wrote: »

On this topic it should be pointed out that this definition of use also applies when making a drink driving charge.

If you decide to sleep in your car because you're too !!!!ed to drive home, you can be done for drunk driving, and the police do actually do this. You're actually less likely to get caught if you drive home, but obviously more likely to kill someone.

My dads done this a few times, he sleeps in the boot with the seats folded down and a roll mat + sleeping bag.... I thought you could get done for it!

He told me of this story in Ireland 'back in the day' of a farmer who's donkey used to take him home drunk sleeping in the back of the cart to his farm which was 3 miles away!

cyclonebri1

Another Sassy reserection but I want to reply anyway.

I used to enjoy a good drink, still do in fact, but have never had the intention of drinking and driving.

We were a group of blokes that liked a weekend session with a few beers and a nights fishing. Saturday afternoon would see us at the pub for a couple, then to the off licence then on to the river for a good drink and a nights fishing and companionship. We would get back to the car say at 7 or 8 in the morning dead tired and probably over the limit still.

Get down and kip in the car/cars after rolling the car over the ignition key, (pre fancy chipped/cl keys). Sometimes this was in a layby on a public road.

Under past and present legislation were we breaking the law????

It just seamed a sensible way off keeping legal back then.

onejontwo

How would this rule apply to the articulated lorries who often park at a local pub near us, and after a few beers use the "sleeper" part of the vehicle to bed down for the night. In reality they are "drunk in charge of a vehicle", but this is partly what the "sleeper" was designed for?