Solicitor recommendation....drunk and in charge of a vechicle.

mayweather

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A mate missed his taxi on Friday night back to portrush, so he jumped into his work van and decided to sleep it of until he could find another way home.

He was dragged out of the van a couple of hours later while he was still sleeping, cuffed and blew 3 times the limit at the police station.

anyone any experience in fighting this?
 

mk2driver

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Understand the situation is not good but I guess technically he is guilty of being drunk and in charge of a vehicle hence that charge rather than drunk driving

I know somebody who got done at uni for the same thing and they were in the car right outside their house

Couldn’t get into the house as they had forgotten their key and housemates weren’t home yet
 

pobmk4

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If he had the keys on him then there isn't much he can do, it's a poor scenario to be caught in, even moreso if he was in the drivers seat.
 

onefortheroad

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I know a guy much the same thing recently in omagh got ten points ..
Probably still in the papers .
 

rollinstone

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Can get points and fine depending on judge. Appreciate he was trying to do the right thing but when he woke up cold at 6am would he have been under the limit when he thought feck it I need to get home? Not judging or saying your mate would do that it's just potentially what the judge may look at with such a high alcohol reading!
 

ciarandeery1

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My friend was caught doing the exact same thing around 8/9 years ago. He lost the books then for in charge of a vehicle under the influence or something like that I can’t mind exactly. Could be changed now or just depends on the day I’d say. Not a good time of year to get caught though
 

gcon45

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Seriously though, that “in charge of a vehicle” charge is a bit ridiculous.

You can even get done for having your car key on your person on a night out.

If you interviewed every drunkard in Shaftesbury square at 1am on a Sunday morning I’d say most of them were heading home where there are car keys so they are essentially in control of a vehicle.

Where do you draw the line?
 

Gaz

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View attachment 218688

Seriously though, that “in charge of a vehicle” charge is a bit ridiculous.

You can even get done for having your car key on your person on a night out.

If you interviewed every drunkard in Shaftesbury square at 1am on a Sunday morning I’d say most of them were heading home where there are car keys so they are essentially in control of a vehicle.

Where do you draw the line?

Hard to draw a legal line, so it usually comes down to discretion. Cops obviously can't search everyone in the country who may have car keys (usually on a keyring with house keys) with them when they're rat-arsed on a Sat night, but if they come across one actually sitting in a driver's seat then they will probably make an example, regardless of whether the car is parked up or not.

Whilst I appreciate Mayweather's mate may have had totally honourable intentions of not driving, the police don't know that and they're the ones who have to arrive at accident scenes caused by drink drivers and deal with the horrendous aftermath, so they have to make the decision to neutralise these situations where possible, even if someone just appears to be having 40 winks. He unfortunately made a poor choice and probably should have kept trying for another taxi.
 

johnm

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I don't understand why anyone would get into the drivers seat to sleep it off though.
If it was a van, I'd be in the back or in the passenger seat.

Or does it not matter if your in the car in any seat with the keys. Whats the other option stand in the freezing cold, maybe get pneumonia?
Also, if he was going to drive the thing drunk, surely we would have just drove it instead of taking a nap?
I'd argue the point in court.
 

gpaevo

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Oh oh, classic case of trying to do the right thing and getting shafted. Happened to a buddy of mine, he got away with it only because once he opened his car another of our mates took his keys home. Cops dragged him out but he'd no keys so it was grand.
 

Apis

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Poses an interesting point for all the drunken motorhome owners partying hard and pitched up at holiday destinations throughout the uk.
Pitched up in a proper campsite or private ground, it's not a problem. Pitched up in a public car park or the side of the street it's an offence.
I have heard though if you return to the van and enter by the habitation door and just go to sleep you might be ok. But I wouldn't risk it.
 

IL

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I got lifted for similar about 10yrs ago, slept in my jeep in Portrush after a Messy night in Kellys. Massively over the limit and Got charged with drink driving.

Thankfully had the sense to throw the keys in the hedge behind the Jeep, Police searched around the vehicle with torches and found them

Luckily I was also parked in a Private Car Park and my solicitor was able to get me off with the Charge.
 

Turks

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http://babingtonlaw.com/ killian conwell is who I used for the same thing about 15 years ago. I was offered 11 points and keep the license or lose them for 4 weeks and get no points.
 

BarryPort

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The penalties for this can be rather unfair in my eyes.
I got lifted for similar about 10yrs ago, slept in my jeep in Portrush after a Messy night in Kellys. Massively over the limit and Got charged with drink driving.

Thankfully had the sense to throw the keys in the hedge behind the Jeep, Police searched around the vehicle with torches and found them

Luckily I was also parked in a Private Car Park and my solicitor was able to get me off with the Charge.

More or less the same as you, mine was thrown out of court.
 

chris_b

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Defo a grey area. I remember once driving into Belfast to go on the lash and then having to go back to my car to get my overnight bag before heading to my folks house and I was totally bricking it.
 

NotKG

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i knoe of a fella done it yrs ago, early 80's , but took the back wheel off before going drinking and got in the back. and slept it off. but police picked him out of it at 3am.
without a phone back then, he had arranged his mum to come get him at 7 on her way to work. she just went straight to the station.
released uncharged. the cell bed wasnt as comfy as his back seat.
my brother is a 3 pinter. prob could have drove home ok back then :joy:
 

Mac1987

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Fella I know did the same thing but he hid the keys on the inside of the rear Drivers wheel & slept in the Passenger seat No police came along though, i suppose if they don't find keys on you then they can't do anything... ?
 
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