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

[Coog]

Not trying to start an argument, which can be a challenge on RMS these days but - Went into town last weekend, I drove in and had a few pints with the meal. Wife drove home but as the car is keyless the keys were still in my pocket. Would that count as DIC?*

*not trying to be a smart a$$ but actually interested

If she hopped out at the petrol station or something it could be!

 

[NI_Volvo_Nut]

Not trying to start an argument, which can be a challenge on RMS these days but - Went into town last weekend, I drove in and had a few pints with the meal. Wife drove home but as the car is keyless the keys were still in my pocket. Would that count as DIC?*

*not trying to be a smart a$$ but actually interested

Same for Owners of Motorhomes or Lorry Drivers - If you live in the vehicle and have a drink, what's the offence? Is it an offence?

 

[Rocko]

Most motorhomes are on private grounds. Lorry drivers I've no idea.

If I drive to the pub and the wife is driving home, I make sure the keys are in her bag.

 

[svensktoppen]

There is only ever one way to be sure. Anything else is rolling the dice.

 

[pablo]

There is only ever one way to be sure. Anything else is rolling the dice.

Nuke it from Orbit?

 

[purplea4T]

It’s all down to the intent to drive - that’s the defence, although it can only be an offence in a public place so camp grounds tend to be ruled out in that case.
I wouldn’t be concerned about being a passenger and having the keys in my pocket - you’ve no intention of driving and it’ll be obvious that someone else is driving.

 

[Snoopcousins]

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!

This is exactly it....I’ve been in court and the judge has said the exact same thing....
The wording to prove the actual offence is “is there any likelihood of the person driving”....
The word likelihood is the key word - and for the points mentioned by @rollinstone there is of course a likelihood ...
Too many people fall foul of this one

 

[Snoopcousins]

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.

It doesn’t matter if you’re in the back seat etc....
The point being that there’s a likkihood of the person waking up cold at some stage and then going feck it I’ll just drive home....

There are of course some defenses for In charge of a MV whilst over the limit but they’d not be relevant in the sleeping scenarios. (Obv a private place is different - but I’d question why the police wouldn’t have realised that at the time)
There’s plenty of times where police just give the person a bollocking and move them on, some people just don’t realise how serious it is

 

[jinjur]

If you really are stuck in a situation (i.e. can't get home but can get in your car) would it be beneficial to call the police and explain to them?

Surely if you said "I am parked in X car park, reg is XX and I just cannot get home, am cold and would like to sleep" and provided said car did not move etc from where you reported it.

I guess you are still technically in charge of said car though

J

 

[G N K]

If you really are stuck in a situation (i.e. can't get home but can get in your car) would it be beneficial to call the police and explain to them?

Surely if you said "I am parked in X car park, reg is XX and I just cannot get home, am cold and would like to sleep" and provided said car did not move etc from where you reported it.

I guess you are still technically in charge of said car though

J

You're not actually that naive David lol

Yeah no probs sir night night and sweet dreams, half an hour later they'd be out wrapping your window holding a breathalyser.

 

[Snoopcousins]

If you really are stuck in a situation (i.e. can't get home but can get in your car) would it be beneficial to call the police and explain to them?

Surely if you said "I am parked in X car park, reg is XX and I just cannot get home, am cold and would like to sleep" and provided said car did not move etc from where you reported it.

I guess you are still technically in charge of said car though

J

Good question - tho probably has never been done!
I’d say the police would give the advice to not do that...as they are going to be in charge of it still ..imagine they wake up and 4am cold and decode to dive and kill someone ...if it was found out the police knew he was drunk in his car it wouldn’t be good!

 

[jinjur]

You're not actually that naive David lol

Yeah no probs sir night night and sweet dreams, half an hour later they'd be out wrapping your window holding a breathalyser.

fk it then, pished donuts it is..................might as well go out smiling

 

[Rocko]

If you really are stuck in a situation (i.e. can't get home but can get in your car) would it be beneficial to call the police and explain to them?

Surely if you said "I am parked in X car park, reg is XX and I just cannot get home, am cold and would like to sleep" and provided said car did not move etc from where you reported it.

I guess you are still technically in charge of said car though

J

"I pinkie promise I won't drive pissed, honestly."

 

[jinjur]

Don't get me wrong, as has been mentioned.............i am scared even going near the car with keys if I am rubbered

Few years ago I was on a work night out, had driven to work and left car parked there and went out afterwards. Full on mission like.

Got completely, 100%, nuke-arse-holed and managed to miss my taxi (by 2 hours might I add, kinda proud of that) anyway.............this was one of the proper cold nights around Nov/Dec.....think it was like -8...........I was dressed smart, not for the north pole and after trying for around 2 hours to get a family member/taxi/police van/dominos driver to bring me home for any sum of money, i was proper getting concerned. Full on shaking from the cold even with the "blocked blanket" on. I have never EVER been so cold.

Could so easily have gotten into my car but even in that rat bag state I was in, i was more afraid of the consequences of that than dying. At least I had some rational thought.

Ended up walking to the Royal Victoria (less rational thought) via very many kebab shops/chineses/bars/garages and waited in A&E among what seemed like a zoo of minging people until i finally got a cab at around 5am

Life lesson

But was happy that I was able to do the right thing for 2% of the night

J

 

[pablo]

so basically if you get hammered and need to sleep in the car the best chance you have is to actually drive home? chances of getting caught are negligable vs being in a car all night where the chances are much higher as cops do patrols around bar areas.

not condoning the above but thats where the logic takes you

 

[Rocko]

DIC is usually 10 points, DD is a ban (normally) but I suppose so.

I had to sleep in a Ka when a house party went awry in Belfast many, many moons ago.

 

[jinjur]

Other option to save risking lives is to bob down to your local PSNI station and give them a wee flash of the old William............................and enjoy the cosy cell for the night

no?

 

[pablo]

DIC is usually 10 points, DD is a ban (normally) but I suppose so.

I had to sleep in a Ka when a house party went awry in Belfast many, many moons ago.

I thought they were the same penalty doh

 

[Rocko]

Other option to save risking lives is to bob down to your local PSNI station and give them a wee flash of the old William............................and enjoy the cosy cell for the night

no?

You'll probably end up on a list.

 

[jinjur]

The list was made for me Rocko................

 

[Rocko]

The list was made for me Rocko................

 

[jinjur]

Man that was my favourite suit.

 

[Apis]

so basically if you get hammered and need to sleep in the car the best chance you have is to actually drive home? chances of getting caught are negligable vs being in a car all night where the chances are much higher as cops do patrols around bar areas.

not condoning the above but thats where the logic takes you

Or there's the logic of not getting caught until you're wrapped round a tree with your spleen hanging out.

 

[lennyd]

I can remember 2 of us sleeping in sleeping bags in a mk4 fiesta aged 18/19, outside a pub across the border at the circuit of Ireland after literally 3 maybe 4 pints. 2 mates were parked up beside us in a twincam and the Garda knocked his window about a bit of diffing that had been going on locally earlier. His reply was "wasn't me officer we were in the pub most of the night. Ask the bar lady" and the gard left us alone...

 

[pablo]

Or there's the logic of not getting caught until you're wrapped round a tree with your spleen hanging out.

rational thinking isnt most drunk peoples strong point though.