Sleeping in Car at Car Park

matttye

Mark_Mark wrote: »

Yes, ones that naively participate in an interview without legal representation.

Mark_Mark wrote: »

Yes, ones that naively participate in an interview without legal representation.

Drunk in charge is quite a difficult one to win. I work for a criminal solicitors office and most people who are charged with this are convicted and banned.

The prosecution often drop drink drives to drunk in charge because it's significantly easier to prove.

The onus is on the defendant to successfully put forward one of the statutory defences if they're going to successfully defend a drunk in charge allegation.

If you're sat in the car drunk, with the keys, and you're the only one in the car, then trying to convince a court that there was no likelihood of you driving whilst still over the limit is going to be an uphill struggle.

Chances would be greater if you're in the back rather than the drivers seat, but still a tough one to defend.

You'd need a very good explanation as to why you thought it more appropriate to sleep in a car drunk than in a hotel or something.

In short, it's NOT worth the risk because in all likelihood you'll end up with a driving ban.

Mark_Mark

matttye wrote: »

Drunk in charge is quite a difficult one to win. I work for a criminal solicitors office and most people who are charged with this are convicted and banned.

The prosecution often drop drink drives to drunk in charge because it's significantly easier to prove.

The onus is on the defendant to successfully put forward one of the statutory defences if they're going to successfully defend a drunk in charge allegation.

If you're sat in the car drunk, with the keys, and you're the only one in the car, then trying to convince a court that there was no likelihood of you driving whilst still over the limit is going to be an uphill struggle.

Chances would be greater if you're in the back rather than the drivers seat, but still a tough one to defend.

You'd need a very good explanation as to why you thought it more appropriate to sleep in a car drunk than in a hotel or something.

In short, it's NOT worth the risk because in all likelihood you'll end up with a driving ban.

Utter rubbish.

What's easier to prove than drove a mechanically propelled vehicle whilst over the prescribed limit?

MysteryMe

What about a hostel?

bigjl

Mark_Mark wrote: »

Utter rubbish.

What's easier to prove than drove a mechanically propelled vehicle whilst over the prescribed limit?

Why?

It does sound plausable.

As it is far from unusual for a drink driver will pull over and jump in the back or passenger seat.

Police and CPS tend to follow the path of least resistance.

Though i would suspect that many of the cases that end up in a solicitors office wilp be the ones where they are trying to avoid taking responsibility for their actions which may skew the perceptio of somebody working in a solicitors office.

Those caught bang to rights when driving down the road would likely tend to not use a solicitor as they have been caught bang to right.

Just another way of looking at it.

Paula_Smith

"How about the offence of being drunk and in charge of a motor vehicle?"

I always wondered what is the difference, if any, being over the limit and sleeping in a layby in a camper van or a car?

Herzlos

A Camper van tends to have a separate accommodation area and is designed for someone to sleep in it. A car doesn't and isn't. It may look better for you if you're sleeping in the back since it shows that you weren't intending to drive immediately, but if you're asleep in the drivers seat with the keys, it won't look good.

I think there's always the risk that if you're drunk and sleeping in the car, you'll wake up and risk driving home, or wake up in the morning think you're sober and drive off. Neither is as much of a risk in a camper as you're less likely to risk driving off and can at least wake up a bit first.

Ozzuk

Mark_Mark wrote: »

Utter rubbish.

What's easier to prove than drove a mechanically propelled vehicle whilst over the prescribed limit?

You really are just posting rhetoric now. Sure someone may get off a drunk in charge charge, hardly the point and you know it.

Horizon81

topdaddy wrote: »

So we have assumed ym21 is an alchy?

After reading all the to'ing and fro'ing on this thread I wouldn't blame him for hitting the bottle. It's no wonder he hasn't been back to elaborate.

topdaddy_2

Maybe he's been nicked for being drunk in charge.

matttye

Mark_Mark wrote: »

Utter rubbish.

What's easier to prove than drove a mechanically propelled vehicle whilst over the prescribed limit?

What's easier to prove than drink driving? Drunk in charge.. didn't I already say that?

For drink driving: -

- The prosecution must prove that the vehicle has been driven (either by seeing it in motion either in person, on CCTV or via witnesses), or sometimes they just do the bonnet test, whereby police feel the bonnet and, if it's warm, the vehicle has obviously been driven recently. Weather dependant of course.

If they cannot prove the above, the prosecution fails.

If they can, then:

- The prosecution must prove that the defendant was the driver.

Neither of these two things are required to prove drunk in charge.

bigjl wrote: »

Why?

It does sound plausable.

As it is far from unusual for a drink driver will pull over and jump in the back or passenger seat.

Police and CPS tend to follow the path of least resistance.

Though i would suspect that many of the cases that end up in a solicitors office wilp be the ones where they are trying to avoid taking responsibility for their actions which may skew the perceptio of somebody working in a solicitors office.

Those caught bang to rights when driving down the road would likely tend to not use a solicitor as they have been caught bang to right.

Just another way of looking at it.

Everybody should seek legal advice when interviewed by the police - even the innocent.

For one thing the police will often conduct investigations more expeditiously and carefully when they know there's a legal representative involved.

Also, people in custody may not know their rights. A solicitor can advise people of their rights whilst in custody.

Sometimes it can be shown that an arrest is unlawful and immediate release secured. This can save hours in custody.