Caught 4x over the limit with car keys!

[vibe_kid]

First off, not me thank **** lol... i know its probably legal section but.....

My mate parked his car at 3pm in bangor on the intention of going out drinking, he went to go back to his car for his phone, police turned up coincidently and 25 feet away from the car gets arrested for having his keys on him.. Second of all the police have lied in the statement about him handing the keys over but his solicitor says he should plead guilty and take it?

imo thats not on.. especially if he wasnt A. Driving the thing and B. Squealed on by the door staff of the bar he was in without actually driving off in the car!

4x over the limit cant be alot of drink in reality but surely ...but looks bad on paper fs!

peej

 

[scoobyman]

some solictor telling him to plead guilty

 

[hardc0re_tid]

thats not on in my opinion. he wasnt driving the car, they keys wernt even in the ignition (i assume) and he had a valid reason for being in the car anyway.

i dread to think what would happen if i went out on the piss and took my house key with me and it just so happens that my car key is on the key ring too (as lets face it, it happens) does that mean i could get done too?

 

[big-lew18]

4x over the limit would depend on his size wether it was 4 pints or 6 he's had. But judge won't look at it that way.he's broke the law(unintentionally) but none the less. My friend was lifted standing having a smoke in the door of a bar with his car keys on him. The car was parked 1/2 a mile away in a friends drive and he still got suspended from driving. Courts take no BS on this now a days. Being drunk in charge of a vehicle.

 

[vibe_kid]

his mate had the keys and handed them to the po po... but in the statement they put he gave them up! i left out the fact the car was sitting outside for 7 hours... no cctv to prove it tho! And aye, some solicitor ffs! The boy is a tank... he could put 6 pints in his cornflakes! Apprently bangor hasnt got a permanent judge and sentance is hit or miss! Its a ****in shame cos he's a good fella and theirs many arsehole deserve to lose thiers first!

 

[Rover Repair]

thats not on in my opinion. he wasnt driving the car, they keys wernt even in the ignition (i assume) and he had a valid reason for being in the car anyway.

i dread to think what would happen if i went out on the piss and took my house key with me and it just so happens that my car key is on the key ring too (as lets face it, it happens) does that mean i could get done too?

That was my understanding also, ive been beside or in my car also when ive had a few before, such as at house parties when ive went out to get beer from boot etc when ive been staying, could I have been lifted also.

 

[Hammath]

That was my understanding also, ive been beside or in my car also when ive had a few before, such as at house parties when ive went out to get beer from boot etc when ive been staying, could I have been lifted also.

Yeah, easy.

I know of a fella who went home after a night on the town and was locked out. He knew he couldnt sit in the car with the keys so he opened the car and posted his keys throw the letterbox.

Slept in the back seat and was done the next morning by passing officers.

 

[Lee A]

**** everytime I go out I've my car keys on me. So for instance if I was out in Bangor and I had my car keys on me but my car was at home would they do me under the belief I have my car in Bangor ?

 

[Nicky]

does that mean i could get done too?

Yep...

My mate used to drive a service van for McCormick MacNaughton, only to get paid off after losing his licence.

He was sitting in the house having a few drinks, his woman got a flat wheel, he got a friend to drive him down the road to change her tyre. While he was there, he had his keys in his pocket after locking the house which had his car keys on the ring too (they shared a car as he had the van for most of his driving).

Just so happened that the police arrived, didn't believe what was going on so arrested him for being in control of a vehicle while over the limit or some ****...

If that aint a ****ed up scenario, what is? Lost the job and went down hill at a serious rate after that...

 

[Hammath]

**** everytime I go out I've my car keys on me. So for instance if I was out in Bangor and I had my car keys on me but my car was at home would they do me under the belief I have my car in Bangor ?

Nope, has to be within a reasonable distance and they also have to prove that you are intended to use the vehicle.

 

[forde]

my mate went to stay with our mates in belfast in december and got back before them and got into his jeep outside the house while he was waiting, and started the engine to get the heat going as it was like -5 and went to sleep, dunno wat seat he was in

anyway he got like 8 points and a fine, think it was a big fine like 800 or something but he didnt lose the books so your mate might be ok especially as he wasnt even in the car or had started it.

 

[forde]

Yep...

My mate used to drive a service van for McCormick MacNaughton, only to get paid off after losing his licence.

He was sitting in the house having a few drinks, his woman got a flat wheel, he got a friend to drive him down the road to change her tyre. While he was there, he had his keys in his pocket after locking the house which had his car keys on the ring too (they shared a car as he had the van for most of his driving).

Just so happened that the police arrived, didn't believe what was going on so arrested him for being in control of a vehicle while over the limit or some ****...

If that aint a ****ed up scenario, what is? Lost the job and went down hill at a serious rate after that...

dont really believe that, sure his woman was there with her keys and wouldve explained the situation and that she was driving wouldnt she?

why would the police even have showed up to someone changing a wheel? why would they have even searched him for keys when his woman was clearly there driving the car and his mate was clearly there driving his car to bring your mate down

 

[forde]

Yeah, easy.

I know of a fella who went home after a night on the town and was locked out. He knew he couldnt sit in the car with the keys so he opened the car and posted his keys throw the letterbox.

Slept in the back seat and was done the next morning by passing officers.

if you take steps like that to put the keys far away from you then it shows you dont intend to drive so you wont get done.

and would he even still be drunk in the morning?

nickys story and your story dont make sense, you could near be done for getting a lift in a car that someone else was driving going by your logic.

 

[Storm]

Nope, has to be within a reasonable distance and they also have to prove that you are intended to use the vehicle.

thats not strictly true, was at a party in bangor one night and a mate got done for having car keys in his pocket, his car was 8 miles away, lost his books for a year because of it.

thats why everytime i walk into a house that i know il be drinking at i put my car keys in the back of a kitchen drawer so im no longer in charge of the car, that was advice given to me by the copper that lifted him.

 

[hardc0re_tid]

dont really believe that, sure his woman was there and wouldve explained the situation and that she was driving wouldnt she?

why would the police even have showed up to someone changing a wheel?

I've had police pull up on the hard shoulder when i broke down in a hire van and i was just sitting there waiting on the recovery vehicle. These things happen.

 

[forde]

the thing that makes no sense is that his woman was driving and wouldve just told the police that so why would they have arrested him?

 

[Hammath]

if you take steps like that to put the keys far away from you then it shows you dont intend to drive so you wont get done.

and would he even still be drunk in the morning?

nickys story and your story dont make sense, you could near be done for getting a lift in a car that someone else was driving going by your logic.

Not drunk but still over the limit.

And your still technically in charge of the vehicle. Makes perfect sense.

 

[Nicky]

if you take steps like that to put the keys far away from you then it shows you dont intend to drive so you wont get done.

and would he even still be drunk in the morning?

nickys story and your story dont make sense, you could near be done for getting a lift in a car that someone else was driving going by your logic.

Perhaps, but him putting the spare wheel back into the boot of the car after he was done was enough for the police to insist he was in control of the vehicle.

**** knows how it stood in court, but it did. Didn't even get offered the drink driving course or anything.

 

[Nicky]

dont really believe that, sure his woman was there with her keys and wouldve explained the situation and that she was driving wouldnt she?

why would the police even have showed up to someone changing a wheel? why would they have even searched him for keys when his woman was clearly there driving the car and his mate was clearly there driving his car to bring your mate down

Ya think this wasn't all discussed over and over again to try and figure out how they charged him?

From what I gather, the car was in his name, and as he was there, they were adamant that he was going to be the 1 driving, regardless of what he/she or the mate said.

When in court, the word of a cop is the gospel as far as a judge is concerned, albeit the biggest pile of pish ya ever did hear most of the time.

 

[vibe_kid]

Aye it's fooked up, you can get arrested being a drunk passenger if your suspected of driving the car previous too apparently!!

 

[B A Baracus]

I havent read all the replies. Has he any way of proving he didnt intend driving ie had HE booked a taxi home? A fella in Banbridge got off years ago when his solicitor called the taxi call handler as a witness

 

[avo5021]

I havent read all the replies. Has he any way of proving he didnt intend driving ie had HE booked a taxi home? A fella in Banbridge got off years ago when his solicitor called the taxi call handler as a witness

He did... i was in court when that happened, there were a few other things that also went for him in court..

 

[avo5021]

Not all the examples above really add up..

Yes... technically you are in charge of a vehicle if you have the keys with you, this is also true even if the car is 25 miles away, you still have control over that car because they keys are in your possession, however what is the likelihood on the balance of probabilities of you driving that car ? This is the point to prove in court..

Car with keys in ignition, engine running, you in the drivers seat blocked = extremely high possibility of driving..

Car 8 miles away on the driveway, you walking down the street in Bangor blotto'd = very unlikely possibility of driving.

I'm exactly the same when i'm out drinking, car keys and house keys on the same keyring..

 

[skybluearmy]

Not all the examples above really add up..

Yes... technically you are in charge of a vehicle if you have the keys with you, this is also true even if the car is 25 miles away, you still have control over that car because they keys are in your possession, however what is the likelihood on the balance of probabilities of you driving that car ? This is the point Police have to prove in court..

Car with keys in ignition, engine running, you in the drivers seat blocked = extremely high possibility of driving..

Car 8 miles away on the driveway, you walking down the street in Bangor blotto'd = very unlikely possibility of driving.

I'm exactly the same when i'm out drinking, car keys and house keys on the same keyring..

Not true Avo. It's NOT up to the police to prove probability. It's up to the defendant to prove to the court that there is no LIKELIHOOD of him driving to use the legal defence for in charge. Quite a different matter!!!!

 

[Lappintyre]

Always keep my house and car keys seperate, no particular reason tbh, but reading this i'm glad I do!?!