Arrested for sitting in car drunk

DUTR

ziggyboy4435 wrote: »

Can anyone give me some advice please for my brother ,

He was out at a beach on Saturday meeting with a friend , They had a coffee and he then went to leave in the car , The car battery had gone flat and would not start the car , He tried to get someone to get a battery but shops like Halfords had closed so he decided to have a drink and sleep in the car until the morning and then get a battery , The police tapped his window at about midnight and arrested him for being in control of a car whilst over the drink limit , They done the alcohol test on the spot but did not do another one at the station , He explained the story to the police but they ignored it and locked him up for the night and released in the morning , Does he have a leg to stand on ?

Thanks

Aside from all the debate on the thread, they put him in the cell, there is no way he can drive then, I trust by the morning he was legally able to drive then?
So basically he had a free bed for the night.
The incident was policed correctly from my seat, whilst he is in the cell he poses no risk to other road users and the sergeant deemed no further action required.

OscarFoxtrot

DUTR wrote: »

Aside from all the debate on the thread, they put him in the cell, there is no way he can drive then, I trust by the morning he was legally able to drive then?
So basically he had a free bed for the night.
The incident was policed correctly from my seat, whilst he is in the cell he poses no risk to other road users and the sergeant deemed no further action required.

It seems he's been charged.


granted I read it the same as you did when I first read the OP.

stator

A car that isn't running can still be a deadly weapon. If you knock the handbrake off you could roll down a hill and crush someone.

DUTR

OscarFoxtrot wrote: »

It seems he's been charged.


granted I read it the same as you did when I first read the OP.

I read it that he was arrested and later released without charge.
And then was considering raising a complaint possibly.

alan_d

This thread raises some interesting questions.
What about someone drinking (or over the limit) in a motorhome, which is legally parked-up, off the road?
Clearly they intend to sleep in it where it is, but they will have the keys so COULD drive it....
They could even be sitting in the driver's seat - which typically swivel around to face the rear...
What's plod's view in that situation?

TooManyPoints

There was no intention to drive, the statement is just more evidence of that. It's all going to create reasonable doubt.

But that isn't what he's got to do. If he wants to take advantage of the statutory defence ("no intention to drive", etc.) he has a greater burden. The onus shifts to him to prove his defence "on the balance of probabilities" (i.e. more likely to be true than not). Whilst not as high a standard as "beyond reasonable doubt" (which is what the prosecution has to show) he has to do more than cast reasonable doubt.

I read it that he was arrested and later released without charge.
And then was considering raising a complaint possibly.

So do I now I've read it through again. It's "does he have a leg to stand on" which throws me a little. Perhaps the OP (or better still, his brother) could let us know.

TooManyPoints

What about someone drinking (or over the limit) in a motorhome, which is legally parked-up, off the road?

If it was not on a road or "other public place" then no issue arises. However, it could be argued that a campsite, for example, is a public place within the meaning of the Road Traffic Act as other users have unfettered access (a tricky argument which would revolve around "implied permission" or "no permission required"). However, that aside, if he was charged he would be able to take advantage of the statutory defence I outlined above. One would like to think that PC49 would apply a little common sense, but you cannot rely on that these days.

neilmcl

alan_d wrote: »

This thread raises some interesting questions.
What about someone drinking (or over the limit) in a motorhome, which is legally parked-up, off the road?
Clearly they intend to sleep in it where it is, but they will have the keys so COULD drive it....
They could even be sitting in the driver's seat - which typically swivel around to face the rear...
What's plod's view in that situation?

Why not read the thread and see the answers already posted that answers this.

neilmcl

DUTR wrote: »

I read it that he was arrested and later released without charge.
And then was considering raising a complaint possibly.

I take it you missed this bit:

ziggyboy4435 wrote: »

yes he has been charged with being in control of a vehicle whilst over the legal drink drive limit

neilmcl

TooManyPoints wrote: »

So do I now I've read it through again. It's "does he have a leg to stand on" which throws me a little. Perhaps the OP (or better still, his brother) could let us know.

See my post above.