Car Forum / UK Car Forums / Driving (UK group) / November 2009
D/Driving question?
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Bod - 03 Nov 2009 12:56 GMT Scenario: A driver has about 4 pints of beer and proceeds to drive home. After a short while, the driver thinks to himself, maybe I am over the limit and may get stopped for DD. Now if the driver pulled over into a layby and threw the keys into a hedge and went to sleep in the back(thinking...I'll find them later when my blood alcohol is hopefully below the limit). Would I be right in saying that if plod came along shortly aferwards and tested her for DD, that she couldn't be nicked because she wasn't in charge of the vehicle?
Kev??
Bod
Mike P - 03 Nov 2009 13:04 GMT > Scenario: A driver has about 4 pints of beer and > proceeds to drive home. After a short while, the [quoted text clipped - 8 lines] > couldn't be nicked because she wasn't in charge of > the vehicle? No. I don't think you are. I once went out with a mate in Burnley for lunch. I'd ridden over on my Honda Fireblade. It turned into more of a boozy afternoon than a lunch and ended about 12am and we were both pretty pissed. Rather than leave my bike in the town centre we thought it would be a good idea to push it back to his house, about a mile away. On the way, we got stopped by plod who asked us what we were doing. I explained the situation to him, he said I could still be done for being drunk in charge, even though my mate had the keys in his pocket at the time and there was no way I could have ridden it. He only let us continue on when I insisted it was easier for him to let us go and push it home than him and his mates having the grief of trying to find my stolen bike when I reported it in the morning... He followed us the rest of the way too, to make sure we didn't ride it.
Mike P
Ret. - 03 Nov 2009 13:13 GMT > Scenario: A driver has about 4 pints of beer and > proceeds to drive home. After a short while, the [quoted text clipped - 10 lines] > > Kev?? Still in charge of the vehicle I'm afraid.
Kev
Bod - 03 Nov 2009 13:18 GMT >> Scenario: A driver has about 4 pints of beer and >> proceeds to drive home. After a short while, the [quoted text clipped - 13 lines] > Still in charge of the vehicle I'm afraid. > Kev I see. I was under the impression that you had to have the keys on you or in the car. Without a set of keys, how can you possibly drive it? or be classed as being in charge of it?
Bod
Ret. - 03 Nov 2009 14:06 GMT >>> Scenario: A driver has about 4 pints of beer and >>> proceeds to drive home. After a short while, the [quoted text clipped - 19 lines] > Without a set of keys, how can you possibly drive > it? or be classed as being in charge of it? Every case is judged on its merits. What a defendent has to prove is that there was no likelihood of him/her driving whilst still under the influence. Throwing the keys into a hedge is hardly proof of that if they could still be recovered.
There is a good question and answer list here:
http://www.drinkdrivinglaw.co.uk/offences/in_charge_of_a_vehicle_with_excess_alc ohol.htm
There is a stated case where a car owner was prosecuted for being DIC when he was inside his own home and his car was parked outside on the road.
Kev
Bod - 03 Nov 2009 14:15 GMT >>>> Scenario: A driver has about 4 pints of beer and >>>> proceeds to drive home. After a short while, the [quoted text clipped - 33 lines] > > Kev Fair enough.
I never knew that it's not an automatic ban and at the court's discretion if you're *only* "caught in charge" of the vehicle, as opposed to caught *actually* driving, which carries an automatic 12 month ban.
Found this on the web:
Being in charge of a motor vehicle with excess alcohol (DR40) Penalty - Fine - up to Level 4 (£2,500) and/or up to 3 months imprisonment 10 penalty points on your licence Disqualification is at the discretion of the Court.
Bod
Vicko Zoomba - 03 Nov 2009 23:40 GMT > >>>> Scenario: A driver has about 4 pints of beer and > >>>> proceeds to drive home. After a short while, the [quoted text clipped - 50 lines] > 10 penalty points on your licence > Disqualification is at the discretion of the Court. Not so. I used to go into the Sherrif Court here to watch cases and there was one where a girl had driven up from the Border to see her sister. They had fallen out and the girl drove to a bus stop and parked up. She left the engine running with the heater on (it was January). Early in the morning 2 plods stopped and arrested her for DD - even though they had to wake her up. Sentenced to 8 points and £400 fine (no ban).
McKevvy
Martin - 03 Nov 2009 14:21 GMT >> I see. >> I was under the impression that you had to have [quoted text clipped - 6 lines] > influence. Throwing the keys into a hedge is hardly proof of that if they > could still be recovered. Although if you were arrested for the offence, you wouldn't volunteer that the keys are in a hedge nearby. You'd just say "search me and my car and see if you can find the keys". If no keys can be found, that's a point in your favour.
Of course it was a lot easier in the old days when cars had separate door and ignition keys, because you could have the door key on your possession (answering the question "so how did you get in the car, then?") but hide the ignition key or give it to a friend.
JNugent - 03 Nov 2009 23:42 GMT [ ... ]
>> I was under the impression that you had to have >> the keys on you or in the car. >> Without a set of keys, how can you possibly drive >> it? or be classed as being in charge of it?
> Every case is judged on its merits. What a defendent has to prove is > that there was no likelihood of him/her driving whilst still under the > influence. Throwing the keys into a hedge is hardly proof of that if > they could still be recovered. > There is a good question and answer list here: > http://www.drinkdrivinglaw.co.uk/offences/in_charge_of_a_vehicle_with_excess_alc ohol.htm
> There is a stated case where a car owner was prosecuted for being DIC > when he was inside his own home and his car was parked outside on the road. > Kev That may well be, but this Q/A (contained in the page referenced above) is clearly *wrong*:
Q: What if I was in my car on my driveway having a cigarette trying to keep warm and I had no intention of driving?
A: There is no need for the prosecution to prove that a person was likely to drive whilst unfit or over the limit. It is for the Defendant to prove that there is no prospect of using the vehicle.
The offence of being drunk in charge of a motor vehicle cannot be committed on a private driveway which is neither a road nor a public place. As the same page says:
"It is an offence for a person to be in charge of a motor vehicle on a road or other public place with excess alcohol in his breath or in blood or urine as evidenced by a certificate of analysis or statement."
Martin - 03 Nov 2009 13:35 GMT >> Scenario: A driver has about 4 pints of beer and >> proceeds to drive home. After a short while, the [quoted text clipped - 12 lines] > > Still in charge of the vehicle I'm afraid. So what precautions *do* you have to take to avoid being done for "in charge"? I'd always thought that if you had no way of driving the car (and throwing away the keys or giving them to a friend who was not in the car satisifies that condition) then you were OK.
Suppose there are two drunk people in the car - who is deemed to be the one who is in charge if neither is in the driving seat? The registered keeper?
Suppose I drive to a pub, drink more than I intend and decide to leave my car at the pub and get a lift home. Suppose I want to get my coat from the car. No doubt if I went to the car, unlocked it, got my coat. locked it and walked away, I'd be done for being in charge. But what if I give the keys to a (non-drunk) friend for him to get my coat, but I walk with him and stand next to him while he locks/unlocks my car?
Can anyone explain why the offence of "in charge" exists? Why isn't "drunk driving" sufficient, with it being no offence whatsoever to be sitting in a car providing the keys aren't in the ignition and/or providing the engine isn't running. It's one of the few offences where intent to commit a "real offence" (actually driving while drunk) doesn't need to be proved beyond reasonable doubt by the prosecution and where the onus is on the defendent to prove *lack* of intent.
Changing the subject slightly, at what point can a store detective "arrest" you for shoplifting? When you put an item in your own bag instead of a shopping basket? Or when you walk out of the shop door without paying? I've always thought it was the latter, but I may be wrong.
Bod - 03 Nov 2009 13:56 GMT >>> Scenario: A driver has about 4 pints of beer and >>> proceeds to drive home. After a short while, the [quoted text clipped - 41 lines] > instead of a shopping basket? Or when you walk out of the shop door > without paying? I've always thought it was the latter, but I may be wrong. Judging from the store detective programs on the tele, it's as soon as you walk out of the store with the goods. Otherwise, there's no way of proving that you weren't going to pay for it, if you were still inside.
Bod
Tony Dragon - 03 Nov 2009 13:59 GMT >>> Scenario: A driver has about 4 pints of beer and >>> proceeds to drive home. After a short while, the [quoted text clipped - 28 lines] > I give the keys to a (non-drunk) friend for him to get my coat, but I > walk with him and stand next to him while he locks/unlocks my car? What if you leave the car in the pub car park & are standing at the bus stop outside with the keys in your pocket. I did this last year just before Christmas. I would have been late for the meal if I caught the bus, so I drove to the pub caught the bus home & picked the car up the next afternoon. Was I in charge?
> Can anyone explain why the offence of "in charge" exists? Why isn't > "drunk driving" sufficient, with it being no offence whatsoever to be [quoted text clipped - 8 lines] > instead of a shopping basket? Or when you walk out of the shop door > without paying? I've always thought it was the latter, but I may be wrong. AIUI he can 'arrest' you at any point where it seems that theft has taken place, but it is much easier to prove if you attempt to leave the premises.
 Signature
Tony Dragon
NM - 03 Nov 2009 15:54 GMT > >> Scenario: A driver has about 4 pints of beer and > >> proceeds to drive home. After a short while, the [quoted text clipped - 40 lines] > shopping basket? Or when you walk out of the shop door without paying? I've > always thought it was the latter, but I may be wrong. When you leave the confines of the shop, or the premesis. I regularly put my groceries in the 'green' bag I bought in the supermarket rather than take a wire basket, tip them out on the belt, never had a problem.
JNugent - 03 Nov 2009 23:27 GMT >>> Scenario: A driver has about 4 pints of beer and >>> proceeds to drive home. After a short while, the [quoted text clipped - 8 lines] >>> couldn't be nicked because she wasn't in charge of >>> the vehicle?
>>> Kev??
>> Still in charge of the vehicle I'm afraid.
> So what precautions *do* you have to take to avoid being done for "in > charge"? I'd always thought that if you had no way of driving the car > (and throwing away the keys or giving them to a friend who was not in > the car satisifies that condition) then you were OK. A good question.
Taken literally, Kev's answer means that anyone who parks on the street outside their home, but is in bed sleeping off a skinful with their car-keys anywhere in the house (not that it apparently matters) is "in charge" of a car whilst over the limit.
[snip]
> Changing the subject slightly, at what point can a store detective > "arrest" you for shoplifting? When you put an item in your own bag > instead of a shopping basket? Or when you walk out of the shop door > without paying? I've always thought it was the latter, but I may be wrong. There's mnothing magic about it - the arrest point arrives when the SD has reason to believe that an offence has been committed. There are various consitutent parts of the offence of theft.
NM - 03 Nov 2009 15:50 GMT > > Scenario: A driver has about 4 pints of beer and > > proceeds to drive home. After a short while, the [quoted text clipped - 14 lines] > > Kev Truck drivers suffer this persecution from over active plod's.
Bod - 03 Nov 2009 15:55 GMT >>> Scenario: A driver has about 4 pints of beer and >>> proceeds to drive home. After a short while, the [quoted text clipped - 14 lines] > > Truck drivers suffer this persecution from over active plod's. That sounds like a nasty disease "over active plods" :-)
Bod
Ret. - 03 Nov 2009 16:27 GMT >>> Scenario: A driver has about 4 pints of beer and >>> proceeds to drive home. After a short while, the [quoted text clipped - 16 lines] > > Truck drivers suffer this persecution from over active plod's. Do truck drivers regularly throw their keys into hedgerows then?
Kev
Bob - 04 Nov 2009 15:31 GMT > Do truck drivers regularly throw their keys into hedgerows then? > > Kev Nope - just rolled up carpets containing......oops sorry. Turned into Clarkson for a minute then.
Bob
Mike P - 04 Nov 2009 15:32 GMT > > Do truck drivers regularly throw their keys into hedgerows then? > > > Kev > > Nope - just rolled up carpets containing......oops sorry. Turned into > Clarkson for a minute then. I've been resisting saying something similar since that was question was posted :-p
Mike P
Partac - 03 Nov 2009 17:41 GMT >> Scenario: A driver has about 4 pints of beer and >> proceeds to drive home. After a short while, the [quoted text clipped - 12 lines] > > Still in charge of the vehicle I'm afraid. One scenario I've always wondered about, is if the driver of a motor caravan parks up for the night in a public place (eg. motorway service area or layby etc.), then has his evening meal with a few too many glasses of wine, how would that compare with the OP's case?
Ret. - 03 Nov 2009 18:32 GMT >>> Scenario: A driver has about 4 pints of beer and >>> proceeds to drive home. After a short while, the [quoted text clipped - 17 lines] > service area or layby etc.), then has his evening meal with a few too > many glasses of wine, how would that compare with the OP's case? No different to a truck driver who sleeps in his cab. If you have consumed alcohol in excess of the legal limit, then it is an offence to be 'in charge' of a motor vehicle. The only defence is to demonstrate that there was no likelihood of you driving whilst still over the limit. Merely stating that you had no intention of driving is rarely enough!
Kev
NM - 03 Nov 2009 19:56 GMT > >>> Scenario: A driver has about 4 pints of beer and > >>> proceeds to drive home. After a short while, the [quoted text clipped - 25 lines] > > Kev Being woken after 5 hours sleep so an ignorant pig can breathalise does wonders for police/public relations. Shame such efforts can't be directed differently.
Chris Bartram - 04 Nov 2009 08:59 GMT > Being woken after 5 hours sleep so an ignorant pig can breathalise > does wonders for police/public relations. Shame such efforts can't be > directed differently. It's easy though, isn't it.
Dr Zoidberg - 03 Nov 2009 20:58 GMT >>>> Scenario: A driver has about 4 pints of beer and >>>> proceeds to drive home. After a short while, the [quoted text clipped - 23 lines] > was no likelihood of you driving whilst still over the limit. Merely > stating that you had no intention of driving is rarely enough! Agreed. And being tucked up in bed in your pyjamas in a suitable place to spend the night would do just that. If you were found slumped over the wheel fully clothed then it's time to buy a bus pass.
 Signature Alex
"I laugh in the face of danger , then I hide until it goes away"
Ret. - 04 Nov 2009 08:48 GMT >>>>> Scenario: A driver has about 4 pints of beer and >>>>> proceeds to drive home. After a short while, the [quoted text clipped - 28 lines] > And being tucked up in bed in your pyjamas in a suitable place to > spend the night would do just that. I don't believe so! I can remember a situation a few months ago when I got into bed and my wife said to me: "You haven't put the car away you know. It's still on the drive." So I got up, slipped on a jacket, and went out and put the car away in the garage. So the fact that I was in bed was no guarantee that I would not be driving for the rest of the night.
Kev
Mike P - 04 Nov 2009 09:26 GMT > >>>>> Scenario: A driver has about 4 pints of beer and > >>>>> proceeds to drive home. After a short while, the [quoted text clipped - 32 lines] > into bed and my wife said to me: "You haven't put the car away you know. > It's still on the drive." So I got up, What's wrong with leaving it on the drive? There's no chance I'd be getting out of bed to put my car away once I'd got in it. I live between Reading and Slough too!
Mike P
Bod - 04 Nov 2009 09:35 GMT >>>>>>> Scenario: A driver has about 4 pints of beer and >>>>>>> proceeds to drive home. After a short while, the [quoted text clipped - 32 lines] > > Mike P Me too, I'd have left it on the drive. I suppose it depends on how much it worries you though.
Bod
Ret. - 04 Nov 2009 09:43 GMT >>>>>>> Scenario: A driver has about 4 pints of beer and >>>>>>> proceeds to drive home. After a short while, the [quoted text clipped - 37 lines] > getting out of bed to put my car away once I'd got in it. I live > between Reading and Slough too! Being particular about things like this is one of the reasons why, in 46 years of motoring, I have never had a car stolen or broken into.
Kev
Bod - 04 Nov 2009 09:49 GMT >>>>>>>> Scenario: A driver has about 4 pints of beer and >>>>>>>> proceeds to drive home. After a short while, the [quoted text clipped - 42 lines] > > Kev Many cars that are stolen are the result of being in the wrong place at the wrong time. I had one stolen while I was at college. You can be as careful as you like, but it can happen anytime and to anyone, especially in car parks.
Bod
Steve Firth - 04 Nov 2009 09:49 GMT > Being particular about things like this is one of the reasons why, in 46 > years of motoring, I have never had a car stolen or broken into. Gosh, you're perfect, can I be like you?
Why Inspector Lunn, you're so manly and handsome!
Adrian - 04 Nov 2009 09:52 GMT "Ret." <xxx> gurgled happily, sounding much like they were saying:
>>> I don't believe so! I can remember a situation a few months ago when I >>> got into bed and my wife said to me: "You haven't put the car away you >>> know. It's still on the drive." So I got up,
>> What's wrong with leaving it on the drive? There's no chance I'd be >> getting out of bed to put my car away once I'd got in it. I live >> between Reading and Slough too!
> Being particular about things like this is one of the reasons why, in 46 > years of motoring, I have never had a car stolen or broken into. There's a strong chance that your car would be stolen if you left it on the drive for one night?
f.ck me, Kev, but you need to move somewhere CONSIDERABLY less pikey - and FAST!
The other explanation's more likely. It was the easiest way to shut the nagging mare up and get some sleep.
Mike P - 04 Nov 2009 09:58 GMT > "Ret." <xxx> gurgled happily, sounding much like they were saying: > [quoted text clipped - 12 lines] > f.ck me, Kev, but you need to move somewhere CONSIDERABLY less pikey - > and FAST! Well, I know he lives within half hour of Macc, but I didn't like to say. Plenty of scallies from New Mills way round there too I suppose..
> The other explanation's more likely. It was the easiest way to shut the > nagging mare up and get some sleep. That's one reason why you have to ensure your wife can drive...
Adrian - 04 Nov 2009 10:01 GMT Mike P <stripeytabby@live.co.uk> gurgled happily, sounding much like they were saying:
>> The other explanation's more likely. It was the easiest way to shut the >> nagging mare up and get some sleep.
> That's one reason why you have to ensure your wife can drive... "<mutter, snore, belch> Y'know where the keys are..."
Mm. I can really see that going down well. At best, a loud humph and a blast of cold air as the duvet's whipped off, then loud stamping down the steps, followed by a week of cold shoulder. More likely, a sharp elbow in the ribs and a push.
Yes, dear. Sorry, dear. On it, dear.
Steve Firth - 04 Nov 2009 10:21 GMT > Well, I know he lives within half hour of Macc, but I didn't like to > say. Plenty of scallies from New Mills way round there too I suppose.. Hmm, isn't he closer to Liverpool than New Mills?
The main problem with New Mills is that the local thugs are as dim as a 1W 240V lightbulb connected to a 12V AC source. One of them used to walk around with his "originals" bearing the name "Hells' Angles" (sic) at least he did right up until the day that some real Hell's Angels saw him and kicked the holy crap out of him.
Mike P - 04 Nov 2009 11:01 GMT > > Well, I know he lives within half hour of Macc, but I didn't like to > > say. Plenty of scallies from New Mills way round there too I suppose.. [quoted text clipped - 3 lines] > The main problem with New Mills is that the local thugs are as dim as a > 1W 240V lightbulb connected to a 12V AC source. I've had a run in with the local thugs up there. Not bright, as you say..
Mike P
Steve Firth - 04 Nov 2009 11:44 GMT > > > Well, I know he lives within half hour of Macc, but I didn't like to > > > say. Plenty of scallies from New Mills way round there too I suppose.. [quoted text clipped - 6 lines] > I've had a run in with the local thugs up there. Not bright, as you > say.. It was just down the railway line from there - Disley - that some of the New Mills thugs tried to give a short-arsed Scots lad a kicking when they found him waiting alone for the last train into Manc. He'd been at the pub and was umm a little worse for wear, so they thought it would be easy and fun to kick a drunk around.
It turned out he was a Para on leave visiting some mates. When they went for him he managed to disable two of them by knecapping them with his boots. A local police sergeant told me about it, and said he could barely stop laughing when they tried to report the soldier for assault.
Back in the late 70s, I suspect that today the police would have had the soldier up on an assault charge.
boltar2003@yahoo.co.uk - 04 Nov 2009 11:57 GMT >Back in the late 70s, I suspect that today the police would have had the >soldier up on an assault charge. And the thugs entitled to compensation.
B2003
Adrian - 04 Nov 2009 12:09 GMT %steve%@malloc.co.uk (Steve Firth) gurgled happily, sounding much like they were saying:
> Back in the late 70s, I suspect that today the police would have had the > soldier up on an assault charge. Unless, of course, the para was dressed as a cartoon schoolgirl.
Mike P - 04 Nov 2009 12:49 GMT > > > > Well, I know he lives within half hour of Macc, but I didn't like to > > > > say. Plenty of scallies from New Mills way round there too I suppose.. [quoted text clipped - 20 lines] > Back in the late 70s, I suspect that today the police would have had the > soldier up on an assault charge. Local New Mills plod? I doubt it. Back in 2006 I was with a friend of mine from New Mills, She'd been the victim of an attack in her own house the Christmas before. Despite her being covered in cuts and bruises,witness statements and a bite mark, the CPS didn't charge her assailant.
We were in the pub down near the lights watching England vs Portugal, one of the first times she's been out since. Pub was packed. This knob- head who'd attacked her came into the pub and started mouthing off, calling her names. I went over to him and suggested he might want to shut up or get a beating - not from me, but she was well known in the village, her dad was a well known local businessman and well respected, and the pub had plenty of her mates in. Her assailant wasn't a local, but friends with a copper (ex-mate) of my friends.
He didn't shut up. My friend flipped, *she* leapt over a table, took one swing and knocked him out cold. Ambulance came, plod came. Obviously, when he came round he wanted to press assault charges etc
Unfortunately for him, as most of the 150+ people in the pub that day knew what had happened at xmas, so no one saw a thing :-)
Mike P
Ret. - 04 Nov 2009 15:15 GMT > "Ret." <xxx> gurgled happily, sounding much like they were saying: > [quoted text clipped - 18 lines] > The other explanation's more likely. It was the easiest way to shut > the nagging mare up and get some sleep. It never ceases to amaze me how many posters *have* had their cars stolen and broken into. A few simple precautions may well have saved them a lot of aggravation.
Remember: "Best be safe than sorry." ;-)
Kev
Mike P - 04 Nov 2009 15:30 GMT > > "Ret." <xxx> gurgled happily, sounding much like they were saying: > [quoted text clipped - 24 lines] > > Remember: "Best be safe than sorry." ;-) I had one nicked. I lived in Northolt at the time.
I took simple precautions - drive a really shite old Ford that didn't matter if it got nicked! It did. I got way more back from the insurance than it was worth.
Mike P
Mike P - 04 Nov 2009 10:06 GMT > >>>>>>> Scenario: A driver has about 4 pints of beer and > >>>>>>> proceeds to drive home. After a short while, the [quoted text clipped - 40 lines] > Being particular about things like this is one of the reasons why, in 46 > years of motoring, I have never had a car stolen or broken into. My dad's been driving longer than you, and he's never had a car broken into or stolen depsite leaving them in all sorts of places.
Mike P
Ret. - 04 Nov 2009 15:16 GMT >>>>>>>>> Scenario: A driver has about 4 pints of beer and >>>>>>>>> proceeds to drive home. After a short while, the [quoted text clipped - 44 lines] > My dad's been driving longer than you, and he's never had a car broken > into or stolen depsite leaving them in all sorts of places. Good for him.
Kev
Dr Zoidberg - 03 Nov 2009 15:37 GMT > Scenario: A driver has about 4 pints of beer and proceeds to drive home. > After a short while, the driver thinks to himself, maybe I am over the [quoted text clipped - 5 lines] > tested her for DD, that she couldn't be nicked because she wasn't in > charge of the vehicle? You absolutely could and would be arrested for being drunk in charge. When interviewed it would be down to you to explain that there was no likelihood of you driving , and that might raise questions of how you came to be parked up there.
 Signature Alex
"I laugh in the face of danger , then I hide until it goes away"
NM - 03 Nov 2009 15:57 GMT On 3 Nov, 15:37, "Dr Zoidberg" <AlexNOOOO!!!!!!!!!!!!!!!!!...@drzoidberg.co.uk> wrote:
> > Scenario: A driver has about 4 pints of beer and proceeds to drive home. > > After a short while, the driver thinks to himself, maybe I am over the [quoted text clipped - 15 lines] > > "I laugh in the face of danger , then I hide until it goes away" So guilty until you can prove your innocence then (Isn't modern Britain wonderful).
Dr Zoidberg - 03 Nov 2009 20:57 GMT > On 3 Nov, 15:37, "Dr Zoidberg" > <AlexNOOOO!!!!!!!!!!!!!!!!!...@drzoidberg.co.uk> wrote: [quoted text clipped - 19 lines] > So guilty until you can prove your innocence then (Isn't modern > Britain wonderful). Well , in the scenario described , the driver *is* guilty.
Anyway , the police do have reasonable grounds to suspect that you are drunk in charge , so they could , would and should arrest you at this point. They will then breathalyse you and interview you to gather evidence. At this point you can explain your actions to the police and if you can convince them that the defence of no likeliood of driving applies then you won't get charged. If you can't then you'll be charged , and you get to explain it all to the courts.
 Signature Alex
"I laugh in the face of danger , then I hide until it goes away"
Conor - 03 Nov 2009 17:50 GMT > Would I be right in saying that if plod came along > shortly aferwards and tested her for DD, that she > couldn't be nicked because she wasn't in charge of > the vehicle? No you wouldn't be right. Remember the lorry driver on TV who was wearing stockings when Plod woke him up? He was done for DD even though there were no keys in the ignition, he'd not driven and the wagon had a sleeper cab.
 Signature Conor www.notebooks-r-us.co.uk
I'm not prejudiced. I hate everybody equally.
Bod - 03 Nov 2009 17:51 GMT >> Would I be right in saying that if plod came along >> shortly aferwards and tested her for DD, that she [quoted text clipped - 5 lines] > there were no keys in the ignition, he'd not driven and the wagon had a > sleeper cab. Yes, I do remember.
Bod
NM - 03 Nov 2009 19:53 GMT > In article <7lanj7F3cjj4...@mid.individual.net>, Bod says... > [quoted text clipped - 12 lines] > > I'm not prejudiced. I hate everybody equally. There is something wrong with that IMO. As long as we all stand back and accept plod riding roughshod all over us things will never change, except for the worse incrementally.
Ret. - 03 Nov 2009 20:05 GMT >> In article <7lanj7F3cjj4...@mid.individual.net>, Bod says... >> [quoted text clipped - 16 lines] > and accept plod riding roughshod all over us things will never change, > except for the worse incrementally. The whole point of the legislation (and the police didn't create the legislation), is to reduce drink driving. It's all very well a drunk deciding to 'sleep it off' in his car - but then he wakes up at 2.00 am, freezing cold, and thinks; "Screw this for a lark" and decides to drive home. The legislation is there to prevent and deter such behaviour.
Kev
Conor - 03 Nov 2009 20:22 GMT > The whole point of the legislation (and the police didn't create the > legislation), is to reduce drink driving. It's all very well a drunk > deciding to 'sleep it off' in his car - but then he wakes up at 2.00 am, > freezing cold, and thinks; "Screw this for a lark" and decides to drive > home. The legislation is there to prevent and deter such behaviour. But this was about a lorry driver taking his daily rest and in effect "in his bed".
 Signature Conor www.notebooks-r-us.co.uk
I'm not prejudiced. I hate everybody equally.
Ret. - 03 Nov 2009 20:39 GMT > In article <NtSdnc5ScP-NEG3XnZ2dnUVZ8rqdnZ2d@pipex.net>, "Ret." > says... [quoted text clipped - 8 lines] > But this was about a lorry driver taking his daily rest and in effect > "in his bed". That's not what the OP's query was about.
Kev
Conor - 03 Nov 2009 20:54 GMT > That's not what the OP's query was about. You're new to Usenet. The thread moved on long ago.
 Signature Conor www.notebooks-r-us.co.uk
I'm not prejudiced. I hate everybody equally.
Halmyre - 03 Nov 2009 20:45 GMT > > Would I be right in saying that if plod came along > > shortly aferwards and tested her for DD, that she [quoted text clipped - 3 lines] > No you wouldn't be right. Remember the lorry driver on TV who was > wearing stockings when Plod woke him up? Well, I imagine it gets quite cold in the cab at nights...
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Bod - 03 Nov 2009 20:47 GMT >>> Would I be right in saying that if plod came along >>> shortly aferwards and tested her for DD, that she [quoted text clipped - 5 lines] > > Well, I imagine it gets quite cold in the cab at nights... I think he was only wearing a basque and stockings, if I recall correctly.
Bod
PeterG - 03 Nov 2009 21:56 GMT > > In article <MPG.255a7da391ed8d70989...@news.eternal-september.org>, > > co...@gmx.co.uk says... [quoted text clipped - 14 lines] > > Bod Well what would you wear in bed then?
PeterG
Tony Dragon - 03 Nov 2009 21:57 GMT >>> In article <MPG.255a7da391ed8d70989...@news.eternal-september.org>, >>> co...@gmx.co.uk says... [quoted text clipped - 14 lines] > > PeterG Chanel No 5?
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Nick Finnigan - 03 Nov 2009 20:20 GMT > Scenario: A driver has about 4 pints of beer and proceeds to drive home. > After a short while, the driver thinks to himself, maybe I am over the [quoted text clipped - 5 lines] > tested her for DD, that she couldn't be nicked because she wasn't in > charge of the vehicle? There's a fair chance of being nicked for the previous driving, as well as being in charge of the vehicle.
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