Arrested for sitting in car drunk

parking_question_chap

TheMoonandBack wrote: »

I suspect your brother hasn’t told you the full story

Whole story seems a bit far fetched to me.

Kim_kim

MsPisces wrote: »

You can be charged and convicted for being drunk and in charge of a vehicle if you are pushing it, asleep in the back or walking towards it with keys in your hand.

There are plenty of stated cases related to it.

That being said there are plenty of road traffic lawyers out there who specialise in this, even ones who advertise specifically to people who are guilty of the offense

You think the police would be in favour of people who’ve had a drink to sleep in the back seat rather than attempt to drive home.

jimbo6977

the police are in favour of easy nicks and high clear up rates.

TheMoonandBack

jimbo6977 wrote: »

the police are in favour of easy nicks and high clear up rates.

The police want to prevent drink driving offences which can cause deaths on the roads.
What could be easier for them than nicking and charging the op’s brother ?
Flat battery, only drank after the car wouldn’t start, charged on the basis of only the roadside breath test, no opportunity to explain his defence so they could return to the car and check it. The story is full of holes, so if it is actually what happened, the brother will have the case thrown out at court as soon any half competent solicitor sees it.

suki1964

Friend of mine was done for being drunk in charge of a car as when the police were called, his keys were in in pocket

He got done, 8 month ban and 6 months suspended

However he appealed and got of as he had said to the police he was waiting for the MIL to come lift him and phone records proved he had called her ( couldn't prove she agreed to lift him or not mind )

AFAIK, if you have the keys, and you are in the vehicle, you can be done for being drunk and in charge

comeandgo

What would happen if you were drunk in your motor Home? You are still in charge of a vehicle.

Aretnap

Kim_kim wrote: »

You think the police would be in favour of people who’ve had a drink to sleep in the back seat rather than attempt to drive home.

Better still, don't drink in the first place if you're going to be sleeping in the car.

Alcohol causes people to do silly things that they wouldn't otherwise do. The law is intended, at least in part, to stop people putting themselves in a situation where they wake up at 2am cold, drunk andv uncomfortable and think '!!!!!! this, what's the harm just this once? '

iammumtoone

By the sounds of this thread you could be done at any time.


My cars keys are in my house, what if I get drunk at home, I have the car keys with me it seems the police could randomly knock on doors on a fri/sat night and find lots of people at home over the drink drive limit but "in charge" of a car.

adonis

iammumtoone wrote: »

By the sounds of this thread you could be done at any time.


My cars keys are in my house, what if I get drunk at home, I have the car keys with me it seems the police could randomly knock on doors on a fri/sat night and find lots of people at home over the drink drive limit but "in charge" of a car.

How many of us at Xmas or family get togethers have a few drinks and go to the car parked in the road to take out or put something in the boot even if you have no intention of driving because the partner is.


In fact you could do that but not have a clue how to drive but know how to open the boot with a key.

Aretnap

happyandcontented wrote: »

Was he in the front seat or on the back seat?

Contrary to urban mythology, this isn't relevant. If it's your car you'll be deemed to be in charge of it unless you're quite clearly not in charge of it (eg because you're a long way away from it) or you can point to someone else who you have put in charge of it (eg by giving them the keys and telling them to drive you home). Moving from one seat to another or putting they keys in the glove compartment instead of your pocket doesn't mean that you're no longer in charge of your own car - obviously.