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

eamon343

RMS Regular
Messages
3,124
Location
Belfast
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.

But if the car is parked on the street technically you are dui if you have a beer in the house?
 

Chris666

RMS Regular
Messages
7,432
Location
Larne
Drives
Often
But if the car is parked on the street technically you are dui if you have a beer in the house?
Technically and laughably yes and also no. It's not illegal to have a drink in your own house with a vehicle parked outside. Realistically, I've had a few and there are 3 vehicle keys downstairs... I'm neither drunk in charge nor driving under influence.
 

Burt2000

RMS Regular
Messages
11,231
Drives
Type RA Ltd
So say I was having a few beer in the house and had left my phone in the car walked out to get it and if police happened to be watching me they could do me? If that’s the law it’s absolutely ridiculous
 

Chris666

RMS Regular
Messages
7,432
Location
Larne
Drives
Often
So say I was having a few beer in the house and had left my phone in the car walked out to get it and if police happened to be watching me they could do me? If that’s the law it’s absolutely ridiculous
Yes
That is your belief, but if they made the accusation, you could not prove you were not.
Yeah police routinely invite themselves into peoples houses to see what they're drinking while watching TV ^o)
 

stevieturbo

RMS Regular
Messages
21,096
Location
Antrim
Drives
Old Ford
So say I was having a few beer in the house and had left my phone in the car walked out to get it and if police happened to be watching me they could do me? If that’s the law it’s absolutely ridiculous

Yep, it is ridiculous.

Obviously they would have the option of using common sense though. However as we all know, common sense is all to uncommon though, as even some responses in this thread show.
 

gary1365

RMS Regular
Messages
10,196
Location
limavady
Drives
Great news
After he got done if I left my car somewhere roadside and was drinking I unlocked it from a distance got rid if the keys retrieved my item then locked again from a distance. The judge did offer him a reduced ban for a larger fine but he refused. You don't even need to be in the car you just need to be close to it and have the key.
 

Gaz

This space available for rent
Messages
32,524
Location
Belfast
Drives
M4 Comp Pack
It’s a shame that some seemingly innocent people are being penalised, but that unfortunately is the price to be paid and is a result of those who choose to drink & drive and end up killing others. The figures have to reduce, hence the law takes a harder line.

The flip side is that many of those who are caught drink driving did so because they happened to be drunk, and happened to have the keys in their possession. I don’t think the majority set out with plans to get pissed and then drive somewhere. They may not have intended to drive originally but there comes a point when they have drunk enough for it to seem like a good idea. The police in fairness cant always distinguish between someone over the limit walking to their car to get something and someone walking to their car with the intent to drive. In either case it could be an excuse.
 

Chris666

RMS Regular
Messages
7,432
Location
Larne
Drives
Often
It’s a shame that some seemingly innocent people are being penalised, but that unfortunately is the price to be paid and is a result of those who choose to drink & drive and end up killing others. The figures have to reduce, hence the law takes a harder line.

The flip side is that many of those who are caught drink driving did so because they happened to be drunk, and happened to have the keys in their possession. I don’t think the majority set out with plans to get pissed and then drive somewhere. They may not have intended to drive originally but there comes a point when they have drunk enough for it to seem like a good idea. The police in fairness cant always distinguish between someone over the limit walking to their car to get something and someone walking to their car with the intent to drive. In either case it could be an excuse.
Christmas party season begins about now/today? Expect a campaign
 
  • Like
Reactions: Gaz

stevieturbo

RMS Regular
Messages
21,096
Location
Antrim
Drives
Old Ford
It’s a shame that some seemingly innocent people are being penalised, but that unfortunately is the price to be paid and is a result of those who choose to drink & drive and end up killing others. The figures have to reduce, hence the law takes a harder line.

The flip side is that many of those who are caught drink driving did so because they happened to be drunk, and happened to have the keys in their possession. I don’t think the majority set out with plans to get pissed and then drive somewhere. They may not have intended to drive originally but there comes a point when they have drunk enough for it to seem like a good idea. The police in fairness cant always distinguish between someone over the limit walking to their car to get something and someone walking to their car with the intent to drive. In either case it could be an excuse.

The whole law around it is a farce, not helped by some police making nonsense prosecutions. And certainly not helped by courts letting off serious offenders with seemingly minimal punishments. It needs a massive overhaul.

If they had the intent to drive, they'd likely get in and try and drive. No dispute there.

But in many cases like some mentioned, where someone clearly went to the car purely to lift something out, left it again locked it....one would think and see there is zero intent there and should be fairly obvious to most honest cops.

Although it still doesnt factor in levels of impairment, nor that many sober drivers are "unfit" for a variety of factors, often worse than someone with 1 pint. There needs to be a proper tiered approach with serious offenders getting hammered hard.
 

Gaz

This space available for rent
Messages
32,524
Location
Belfast
Drives
M4 Comp Pack
Although it still doesnt factor in levels of impairment, nor that many sober drivers are "unfit" for a variety of factors, often worse than someone with 1 pint. There needs to be a proper tiered approach with serious offenders getting hammered hard.

Why would levels of impairment matter? The only difference between a slightly inebriated driver and a very inebriated one is how quickly they end up doing damage. Neither should be driving.

And as every human reacts differently to alcohol in different ways, the law can’t very well implement a staggered measuring system to account for all. The current system of a single baseline for everyone is the only sensible way of policing this imo.
 

stevieturbo

RMS Regular
Messages
21,096
Location
Antrim
Drives
Old Ford
Why would levels of impairment matter? The only difference between a slightly inebriated driver and a very inebriated one is how quickly they end up doing damage. Neither should be driving.

And as every human reacts differently to alcohol in different ways, the law can’t very well implement a staggered measuring system to account for all. The current system of a single baseline for everyone is the only sensible way of policing this imo.

So you feel someone who cannot see or stand would be the same risk as a person fully aware but has had 1 pint, that could place them at the limit ?

There is no comparison whatsoever.
 

Gaz

This space available for rent
Messages
32,524
Location
Belfast
Drives
M4 Comp Pack
So you feel someone who cannot see or stand would be the same risk as a person fully aware but has had 1 pint, that could place them at the limit ?

There is no comparison whatsoever.

Thats not what I wrote. The risk they pose would very clearly be different.
However, that largely remains irrelevant. There is a limit, and once they choose to cross it then they are both a danger, be it a little bit of a danger or a lot. People who have had 2-3 pints can cause a fatal accident just as successfully as someone who’s had 15 pints, and often the only reason that doesn’t happen is because of blind luck.

If anything, the person who chooses to drive after 2-3 pints is still capable of rationalising their choice whilst the one who’s had 15 pints isn’t. So no, I don’t think they should get a soft pass just for not consuming a ton of booze before driving.
 

Triumph Fan

RMS Regular
Messages
189
Drives
Focus ST
Maybe it has been covered somewhere in the post, what was the outcome of the original post? Did Mayweather's mrate end up going to court and if so what was the outcome?
 
Last edited:

stevieturbo

RMS Regular
Messages
21,096
Location
Antrim
Drives
Old Ford
Thats not what I wrote. The risk they pose would very clearly be different.
However, that largely remains irrelevant. There is a limit, and once they choose to cross it then they are both a danger, be it a little bit of a danger or a lot. People who have had 2-3 pints can cause a fatal accident just as successfully as someone who’s had 15 pints, and often the only reason that doesn’t happen is because of blind luck.

Let's face it...the same applies to many sober people.
 

Gaz

This space available for rent
Messages
32,524
Location
Belfast
Drives
M4 Comp Pack
Let's face it...the same applies to many sober people.

Maybe so but that’s an entirely different argument and something that needs to be addressed separately from drink driving regulations.
 

Mel_45

RMS Regular
Messages
1,622
Location
Belfast
Drives
megane
If they had the intent to drive, they'd likely get in and try and drive. No dispute there.

But in many cases like some mentioned, where someone clearly went to the car purely to lift something out, left it again locked it....one would think and see there is zero intent there and should be fairly obvious to most honest cops.

Are you saying the police should be reactive here and actually wait until the person starts driving before intervening?

How does anyone know they purely went to the car just to get something and then wont go back later to drive? I assume they take the view that if you are under the influence and at your car just to get something then its not a huge leap to think they may return after more drinks with worse judgement and make that call to drive.
 

Coog

Admin
Messages
47,515
Drives
GTI
Presumably the rules are this way due to the way cases have been argued and defended against in the past. It also doesn't make sense to wait to allow someone to get into the position that they end up driving because chances are there'll be a crash. So the courts end up in this strange position of trying to decide if someone really intended to drive or not, while they all invariably plead that they didn't.
 

mayweather

RMS Regular
OP
mayweather
Messages
8,173
Drives
M3 Evolution
Maybe it has been covered somewhere in the post, what was the outcome of the original post? Did Mayweather's mrate end up going to court and if so what was the outcome?

He received a ban.

The police did not report there was any intention to drive, but he was heavily intoxicated sleeping with the keys in his pocket.

A complete load of *****
 
  • Wow
Reactions: Mel

stevieturbo

RMS Regular
Messages
21,096
Location
Antrim
Drives
Old Ford
Are you saying the police should be reactive here and actually wait until the person starts driving before intervening?

How does anyone know they purely went to the car just to get something and then wont go back later to drive? I assume they take the view that if you are under the influence and at your car just to get something then its not a huge leap to think they may return after more drinks with worse judgement and make that call to drive.

If the person did attempt to drive, then there would be a 100% clear and cut case.

But as has already been said...if someone goes to their car, gets something out, keys never near ignition, no effort or indication whatsoever to even start the vehicle, leaves it, locks it up.....that too seems fairly clear cut.

But you are basically making the argument that anyone in their home drinking, or anywhere drinking really where their cars and keys are nearby, are liable to make a bad decision and go for a drive.
 

thefool1983

RMS Regular
Messages
3,161
Location
Belfast
It reminds me of this joke:

This interview below is an exact replication of National Public Radio (NPR) interview between a female broadcaster, and US Army General Reinwald who was about to sponsor a Boy Scout Troop visiting his military installation.

FEMALE INTERVIEWER: So, General Reinwald, what things are you going to teach these young boys when they visit your base?"

GENERAL REINWALD: We're going to teach them climbing, canoeing, archery, and shooting."

FEMALE INTERVIEWER: "Shooting! That's a bit irresponsible, isn't it?"

GENERAL REINWALD: "I don't see why, they'll be properly supervised on the rifle range."

FEMALE INTERVIEWER: "Don't you admit that this is a terribly dangerous activity to be teaching children?"

GENERAL REINWALD: "I don't see how. We will be teaching them proper rifle discipline before they even touch a firearm."

FEMALE INTERVIEWER: "But you're equipping them to become violent killers."

GENERAL REINWALD: "Well, you're equipped to be a prostitute, but you're not one, are you?"

The radio went silent and the interview ended.

And all I could think was, "Go Army!"
 

rollinstone

RMS Regular
Messages
1,547
Location
Here there and everywhere
Drives
Old man car
I'm sorry but all this technically you could be arrested in your house for drinking and having the keys in the house and the cops could just barge in and arrest you is a load of toss. They would need a warrant for a start and can anybody show me a case study where this has actually happened?
 
Top