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Arrested for sitting in car drunk
Comments
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The offence is not about being in control of the vehicle but being in charge of it.
The OP's brother's defence, should he take it to court, would be that he couldn't be in charge of the vehicle because there was no intention to drive said vehicle, in fact it was an impossibility as the battery was flat. My question to the OP is can he prove this?
Also there is a question as to whether the police followed the correct procedure after making the arrest. Why was a second breath test at the station not taken, for example.
How did he know the battery was flat, unless he tried to start it, which is therefore an attempt to drive it ?
He can’t be charged on the basis of the roadside test result, so must have had an evidential test at the police station or refused to do it at the station.When you get to the end of your rope, tie a knot and hang on
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The OP's brother's defence, should he take it to court, would be that he couldn't be in charge of the vehicle because there was no intention to drive said vehicle, in fact it was an impossibility as the battery was flat. My question to the OP is can he prove this?
A flat battery doesn't stop you from driving a vehicle. All it needs is a jump start or if not an automatic, a bump start.0 -
he was only tested at the roadside and not the station , As i said in my first post he tried to start it before drinking , There was no attempt to start or drive after he had a drink as he had already exhausted the possibilities of repair and decided to sleep in the car , When the police knocked the window he was asleep in the car0
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TheMoonandBack wrote: »How did he know the battery was flat, unless he tried to start it, which is therefore an attempt to drive it ?
He can’t be charged on the basis of the roadside test result, so must have had an evidential test at the police station or refused to do it at the station.
OP says his brother didn't have a drink until after he'd found the battery flat and failed to find a replacement....0 -
I recently saw a TV programme where a woman was arrested because she was found in her car, drunk, late at night. The car had been stationary for a couple of hours but the keys were still in the ignition and the police told her that was the reason she'd been arrested. She was actually an alcoholic who had no intention of driving her car. She just wanted somewhere private where she could drink herself into oblivion. After that, she finally sought help for her addiction but obviously had to face the consequences of her arrest. Were the keys still in the ignition of your brother's car? Police do not care whether or not a car is drivable. Only about the intent. I hate to say it but they really have heard it all before.Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.0
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I suspect your brother hasn’t told you the full storyWhen you get to the end of your rope, tie a knot and hang on0
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I recently saw a TV programme where a woman was arrested because she was found in her car, drunk, late at night. The car had been stationary for a couple of hours but the keys were still in the ignition and the police told her that was the reason she'd been arrested. She was actually an alcoholic who had no intention of driving her car. She just wanted somewhere private where she could drink herself into oblivion. After that, she finally sought help for her addiction but obviously had to face the consequences of her arrest. Were the keys still in the ignition of your brother's car? Police do not care whether or not a car is drivable. Only about the intent. I hate to say it but they really have heard it all before.
Even if he had intended to drive it home he still could not off as the battery was flat , But he has never drunk and drove and as the car was not drivable he decided to have a drink and sleep in the car until the morning and was sleeping when they arrested him0 -
He's not been arrested for driving, he's been done for being in charge. Punishments are similar though.ziggyboy4435 wrote: »Even if he had intended to drive it home he still could not off as the battery was flat , But he has never drunk and drove and as the car was not drivable he decided to have a drink and sleep in the car until the morning and was sleeping when they arrested him0 -
How did he get home the next day?0
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Was he in the front seat or on the back seat?0
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