Caught 4x over the limit with car keys!

[johnm]

This is insane.

I thought if you put the keys in the ignition then tha was you. I ALWAYS carry my car keys so they arent left sitting about.
Im actually shocked by that.

 

[stevieturbo]

The law is going crazy.

It's been crazy for many many years.

Hell, even watching the professionals a few weeks ago. Some dirty cops tried the same thing on some guy when Body and Doyle were investigating. The guy clearly said to the cops he was just getting a coat and locking his car before doing so.

So deliberately arresting people going near a car, even when they know they have no intention of driving is nothing new. But you can be sure it will earn the cop lots of browny points as it may appear to some they have somehow made the roads safer.

 

[pablo]

for once stevie, Im with you 100%

 

[gsialan]

But bef

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!!!!

But before it goes to court the police submit the file to the cps and the police have to prove probability otherwise if they can't it won't see court , then its up to the defendant to prove to the court there was no likely hood of driving .

 

[skybluearmy]

Just wondering, can I also be done for going to a mates car with his keys?

I'm trying to think of a way where you can get something from your car without being done...

Or can I use a remote, to open the car, but someone else gets in to get my phone or coat or whatever?

just to clarify this "In-Charge" thing if you have the keys with you then you are in charge and the police "can" deal with you as per the legislation. If is then up to you to prove "TO THE COURT" that in the circumstances there was no LIKELIHOOD of you driving. If is not a case of you had no intention to drive. Again this is for you to prove to the court as the road traffic order gives a defence to in charge. If you are really interested check out a case called. SHELDRAKE v DPP which also covers the human rights aspects.

 

[Paddy_R]

Is it just me who not would drive if I were heading out for the night and were planning to drink? If I'm going to drink the far stays at home and I get a lift/taxi etc to where I'm going. If you've got no car to go to then this wouldn't happen. If I really have to drive then I simply don't drink, it's not the end of the world.

 

[pablo]

numerous reasons, go after work but have the car, go intending not to drink but think f**k it, get lashed and pick the car up the next day. etc etc

 

[Cess]

I starting to think about that service in London - Scooterman - where if you go out for a night out, end up having a few impromtu shandy Bass and are over the limit, you call a bloke on a scooter who drives your car home. It was featured on Top Gear. So your standing outside the pub, keys in pocket, waiting on Scooterman, next thing, lifted??

Given all of the goings on in this thread, it seems like the Met Police could have a field day with potential drunk in charge cases.

 

[Sgt_Major]

If possible, I leave the car at home, but the key is on my house keys too. So I get the bus home, brother picks me up to drive the last couple miles to the house, I'm walking to the house past the car, with keys in hand - can be done for drunk in charge.

Which is utter bollocks!

 

[Karlos Da Jackle]

If possible, I leave the car at home, but the key is on my house keys too. So I get the bus home, brother picks me up to drive the last couple miles to the house, I'm walking to the house past the car, with keys in hand - can be done for drunk in charge.

Which is utter bollocks!

Yep man, they'd think your probably heading out again,lol. To go get more booze.

It's a rubbish rule. As I mentioned earlier, you shouldn't be done until the car moves under the force of engine.

Another example car shows. i've drove to many and slept in the car drunk with engine on, for warmth. Al be it on private property, but none the less i could of been done.

 

[skybluearmy]

Yep man, they'd think your probably heading out again,lol. To go get more booze.

It's a rubbish rule. As I mentioned earlier, you shouldn't be done until the car moves under the force of engine.

Another example car shows. i've drove to many and slept in the car drunk with engine on, for warmth. Al be it on private property, but none the less i could of been done.

No you could not be done. Must be on a road or public place!

 

[Chris Mac]

What happens if your in your house, drunk with your car in the driveway and the keys beside the bed

Surely there is a potential there for the car to be driven?

The law is mad

 

[Sgt_Major]

No you could not be done. Must be on a road or public place!

I know a girl done in her driveway. Well, they tried to do her, it went to court but didnt convict her.

 

[Lee A]

I know a girl done in her driveway. Well, they tried to do her, it went to court but didnt convict her.

I've heard of a few people getting locked out of there houses and deciding to sleep in their cars, then getting caught by the police the next morning. To be fair it would be more common to happen if your parked on a road etc but it is still a possibility.

 

[skybluearmy]

She could be done if she drove onto her driveway before the cops caught her.

 

[Sgt_Major]

Her car was parked there, she'd been at a mates round the corner and came home, locked out, climbed in the car to kip.

 

[Karlos Da Jackle]

No you could not be done. Must be on a road or public place!

I'm pretty sure there have been many cases of people just been prosecuted in their car, on their drives.

And weren't caught driving, but caught in the car drunk.

 

[funnydata]

It would be great if we could have the actual law on this from any Solicitor members.

 

[stevieturbo]

I'm pretty sure there have been many cases of people just been prosecuted in their car, on their drives.

And weren't caught driving, but caught in the car drunk.

I reported a drunk driver once. Cops did get to the house, found the car outside, front door wide open and the person inside.

Sadly that was as far as that went.

But as many people point out, all you have to do is prove your innocence. Isnt that easy ?

Motoring law is all about prosecuting maybes. They may do this, they may do that, maybe you doing 5mph over the speed limit on an empty road will kill 50000 people, as they materialise in thin air right in front of your car.

Yet when people actually do cause harm or damage. The police, or maybe legal system in general dont give a damn.

it is totally and utterly ****ed up.

 

[scub]

my keys are in my drunk assed pocket every single time i go on the lash - had the house broke into once looking for them - they were with me that night too which is the only reason i still have an evo .
plus you'd need to get an utter bstaad of a cop to even try to do you for having them with you when your miles from home having got there by taxi !

 

[crx]

Its scary reading some if those stories, Ive seen me manys a night after a few drinks in the house and locking my car and the wifes up for the night.

 

[Nicky Glanza]

wonder what the law is having sex in your car?

 

[RS Darren]

Wonder if anyone can answer this, (as ive asked a few cops in the past and they havn't been able to answer) What way does the law say if you are staying in a campervan and have a few drinks, as its technically your sleeping/ living area?.. Have done this numerous times, park the camper van up for the nite, have a few beers, go to sleep.. whilst having the keys in the vehicle at all times ( were else can you put them?..)

hmm, i wonder how that would be intrepreted...

 

[RoniN]

I have asked the same question Darren lots of times but no one yet been able to answer it.

Cheers

 

[pablo]

you could certainly argue you had a valid reason for doing so, and the likelihood of driving is less than that of not. Especially if parked up in a designated area.