Arrested for sitting in car drunk

DoaM

soolin wrote: »

Also, if car wasn't driveable on that night why was no attempt made to call for assistance, what was brother intending to do next day- just abandon it?

Or go to the nearest Halfords which would then be open, rather than being closed the night before?

dannyrst

How do motorhome owners enjoy a drink whilst on holiday?

Car_54

soolin wrote: »

As above, this is a difficult scenario when told via 3rd party.

It would be impossible to be charged with just drunk in charge merely on the roadside test, yes the police make procedural mistakes but that would be a huge one.

As explained in post #40 above, this is not the case, and it appears that there was no procedural error.

Nearly_Old

TonyMMM wrote: »

If the charge is being in charge whilst unfit through drink (i.e. drunk) under s4 RTA, then no evidential breath test is required. The officers can give evidence of him being drunk/impaired by describing slurred speech, difficulty standing, unable to walk in a straight line etc...

If the charge was being in charge whilst over the prescribed limit (but not necessarily drunk), which is s5 RTA, then a test would have been taken

The two offences are different, but often confused.

As discussed above - he has a potential defence if he can show there was no likelihood of him driving the vehicle whilst he was impaired.

I appreciate the difference between s4 and s5 RTA but the OP only refers to a roadside breath test. Not being able to walk in a straight line, etc would normally be part of a Field Impairment Assessment undertaken by a suitably trained officer but the OP has provided no details of whether such an assessment was carried out.

AndyMc.....

TonyMMM wrote: »

If the charge is being in charge whilst unfit through drink (i.e. drunk) under s4 RTA, then no evidential breath test is required. The officers can give evidence of him being drunk/impaired by describing slurred speech, difficulty standing, unable to walk in a straight line etc...

If the charge was being in charge whilst over the prescribed limit (but not necessarily drunk), which is s5 RTA, then a test would have been taken

The two offences are different, but often confused.

As discussed above - he has a potential defence if he can show there was no likelihood of him driving the vehicle whilst he was impaired.

Are you sure?

Car_54

Nearly_Old wrote: »

I appreciate the difference between s4 and s5 RTA but the OP only refers to a roadside breath test. Not being able to walk in a straight line, etc would normally be part of a Field Impairment Assessment undertaken by a suitably trained officer but the OP has provided no details of whether such an assessment was carried out.

But, under s4, failing a breath test would surely be evidence of impairment?

AndyMc.....

[quote=[Deleted User];75629016]As explained in post #40 above, this is not the case, and it appears that there was no procedural error.[/QUOTE]

Explaining it doesn't make it right.

Iceweasel

comeandgo wrote: »

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

That's very different - a 'living van/vehicle' is not a car.

Same as a truck-driver having a few beers before kipping down in a sleeper-cab.

AndyMc.....

[quote=[Deleted User];75629198]But, under s4, failing a breath test would surely be evidence of impairment?[/QUOTE]

Section 4 only tends to be used as a power of arrest and there would be no need for a roadside test.

Once at the station it's a charge for being over the limit or failing to provide.

Hermione_Granger

AndyMc..... wrote: »

Section 4 only tends to be used as a power of arrest and there would be no need for a roadside test.

Once at the station it's a charge for being over the limit or failing to provide.

What limit covers an offence under S4 of the RTA?