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

G N K

RMS Regular
Messages
14,402
Location
Newtownabbey
Drives
Anything
So the police reported there was no evidence of an attempt to drive. He was sleeping and was disorientated during the arrest.

Pled not guilty on advice of the solicitor and because he himself knew he had no intention of driving.

Banned for two months, 600 odd quid find.

No points, result.
 

Paddy_R

RMS Regular
Messages
5,262
No points, result.

I won't call it a result . They now have a conviction and disqualification for unfit incharge (or similar) that will have to be declared to their insurance forever. At least points have an expiry date.
 

scub

Banned
Messages
21,816
Location
up north
I won't call it a result . They now have a conviction and disqualification for unfit incharge (or similar) that will have to be declared to their insurance forever. At least points have an expiry date.
so have dic type convictions. think it's longer than points tho.
5 years from ban ends maybe?
 

Paddy_R

RMS Regular
Messages
5,262
so have dic type convictions. think it's longer than points tho.
5 years from ban ends maybe?

Yes it will only sits on the license for either 4 or 11 years depending on the offence however insurance companies will ask if you have ever been disqualified and if so what for. They do not like drink drive type disqualifications for obvious reasons. It may also affect job, visa applications etc as it will now always show on any criminal record check too.

Also as he's been banned for more than 56 days (I think this is the right amount of time) he will have to reapply for his license, pay for it and may even have to resit his test (or an extended test) and pay the fees for this.
 
Last edited:

stevieturbo

RMS Regular
Messages
21,096
Location
Antrim
Drives
Old Ford
he could've got a taxi to Belfast, rented a room in the merchant & had change left for a couple of hookers for that price.
expensive lesson learnt ! 😃


Presumably he couldnt get a taxi....that was the whole problem !!

FFS, my brother tried to get a taxi a few weeks back, only about a 3 mile run from a bar to here. And simply couldnt get one !
 

mayweather

RMS Regular
OP
mayweather
Messages
8,173
Drives
M3 Evolution
Presumably he couldnt get a taxi....that was the whole problem !!

FFS, my brother tried to get a taxi a few weeks back, only about a 3 mile run from a bar to here. And simply couldnt get one !

Yep couldn’t get a taxi
 

pablo

RMS Moderator
Messages
66,994
Location
Glengrimley
Insurance won't be that bad. Know someone got banned for over the limit while on Rs. Insurance was £1800 ish afterwards.
 

stevieturbo

RMS Regular
Messages
21,096
Location
Antrim
Drives
Old Ford
How do you end up, in your work van, in the morning, at a petrol station away from home.....and not drive there drunk ?

Some stories about being drunk in a vehicle with zero intent to drive are very plausible and reasonable. This one really doesnt sound like one.
 

scub

Banned
Messages
21,816
Location
up north
I've a mate left his keys in a bar with his g/f who was working there.
called back the next morning (sat) to lift the keys as his work phone was in the car.
cops were in the bar for another matter of something that had happened the night before (nothing to do with him) & spotted him opening his car. he then walked back into the bar & ordered a pint as the car wasn't being moved as he was going out again on the lash.
cops had watched him & keys didn't go near the ignition at any time.
however they still asked him to do a breathalyser & he refused saying why would he need to.?
so off to Musgrave St he was taken - 8 hours in a grey tracksuit in a cell.
ff a few months & he was landed with 10 points for refusing to take a breathalyser.
loads of witnesses Inc cc tv to prove the keys never went near the ignition & still got hammered!
 

scub

Banned
Messages
21,816
Location
up north
Had the keys and was seen drinking. That's enough "intent"
so it seemed. even though he hadn't & had the cctv to prove it.
judge didn't even want to see the footage even though he was made aware its existence.
still - a bitter pill to swallow!
 

Gavlar

RMS Regular
Messages
10,682
I've a mate left his keys in a bar with his g/f who was working there.
called back the next morning (sat) to lift the keys as his work phone was in the car.
cops were in the bar for another matter of something that had happened the night before (nothing to do with him) & spotted him opening his car. he then walked back into the bar & ordered a pint as the car wasn't being moved as he was going out again on the lash.
cops had watched him & keys didn't go near the ignition at any time.
however they still asked him to do a breathalyser & he refused saying why would he need to.?
so off to Musgrave St he was taken - 8 hours in a grey tracksuit in a cell.
ff a few months & he was landed with 10 points for refusing to take a breathalyser.
loads of witnesses Inc cc tv to prove the keys never went near the ignition & still got hammered!
You're confusing "Drunk whilst in Charge" (he had the keys and thus in charge of the vehicle) and "Driving with Excess Alcohol". They had reasonable grounds to suspect he had alcohol in his system and that he may have been over the prescribed limit whilst in charge of a motor vehicle.

Failing to Provide at all is worse in court than giving a Fail reading! Your mate sounded like a prat trying to be awkward
 

scub

Banned
Messages
21,816
Location
up north
You're confusing "Drunk whilst in Charge" (he had the keys and thus in charge of the vehicle) and "Driving with Excess Alcohol". They had reasonable grounds to suspect he had alcohol in his system and that he may have been over the prescribed limit.

Failing to Provide at all is worse in court than giving a Fail reading! Youre mate sounded like a prat trying to be awkward
possibly - he's mad as a hatter. but he said all he thought about was he was being set up as he genuinely hadn't been in the car for more than 5 seconds lifting his phone & they were gonna try & do him for dic.
this was a sunny sat morning in May this year.
not sure i'dve done much different.
 

Chris666

RMS Regular
Messages
7,432
Location
Larne
Drives
Often
I'm guessing he had a feed of it the night before so could still have been well over limit anyway, then refused "roadside" sample and evidence machine. Rock and hard place there
 

scub

Banned
Messages
21,816
Location
up north
I'm guessing he had a feed of it the night before so could still have been well over limit anyway, then refused "roadside" sample and evidence machine. Rock and hard place there
yes absolutely. he knew that.
means anyone who goes to the car parked on the street outside the door for anything runs the same risk.
no wiggle room for a bit of common sense apparently!
 

Chris666

RMS Regular
Messages
7,432
Location
Larne
Drives
Often
Nonsense. That would mean anyone sitting in the house with their keys and having a drink have the intent.
The offence is committed if: “a person is in charge of any motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit"

Your house with your car in the drive isn't a public place.
 

gary1365

RMS Regular
Messages
10,196
Location
limavady
Drives
Great news
I worked with a fella a few years ago got his coat out of his boot parked on the kerb outside his house. 12 month ban and £500 fine for drunk in charge.
 
Top