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

Gaz

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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... ?

I would assume they'd always hunt for them as most people tend to lock the car, if you're in it then you've either got the keys or picked the lock.
 

mightymetro

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So what is the craic with this - if you kick back to sleep it off in the car, are you OK if the keys are in the car but not on you, or if you're not in the drivers seat? Genuinely wasn't aware you could be done DIC for sleeping with keys in the drivers seat...can see it from the policy p.o.v. also though.
 

gpaevo

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So what is the craic with this - if you kick back to sleep it off in the car, are you OK if the keys are in the car but not on you, or if you're not in the drivers seat? Genuinely wasn't aware you could be done DIC for sleeping with keys in the drivers seat...can see it from the policy p.o.v. also though.
You cannot have the keys on your possession or anywhere near the vehicle.
 

chris_b

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So what is the craic with this - if you kick back to sleep it off in the car, are you OK if the keys are in the car but not on you, or if you're not in the drivers seat? Genuinely wasn't aware you could be done DIC for sleeping with keys in the drivers seat...can see it from the policy p.o.v. also though.
Nope as @gpaevo says technically speaking you can even have them on your pocession at all !
 

stevieturbo

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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.

But the bottom line was, he was not driving, he was not attempting to drive. Nor was he showing any intent to drive in that state. So he's getting charged for doing no harm and whilst the cops are dealing with that, there are likely people out there actually causing harm.

People should be charged for actions taken, not something they might do...or worse, that some cop, thinks they might do, but in all honestly know they probably wont.

And as for the morning after, if they drive the morning after and are unfit, nail them then. Just as they should nail all unfit drivers, sober and on drugs.
 

Rocko

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But the bottom line was, he was not driving, he was not attempting to drive. Nor was he showing any intent to drive in that state. So he's getting charged for doing no harm and whilst the cops are dealing with that, there are likely people out there actually causing harm.

People should be charged for actions taken, not something they might do...or worse, that some cop, thinks they might do, but in all honestly know they probably wont.

And as for the morning after, if they drive the morning after and are unfit, nail them then. Just as they should nail all unfit drivers, sober and on drugs.

That's why he's getting charged with Drunk In Charge and not Drink Driving.
 

Gaz

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But the bottom line was, he was not driving, he was not attempting to drive. Nor was he showing any intent to drive in that state. So he's getting charged for doing no harm and whilst the cops are dealing with that, there are likely people out there actually causing harm.

People should be charged for actions taken, not something they might do...or worse, that some cop, thinks they might do, but in all honestly know they probably wont.

And as for the morning after, if they drive the morning after and are unfit, nail them then. Just as they should nail all unfit drivers, sober and on drugs.

Like Rocko says, he's not being done for drunk driving.

I dunno, some of the reactions in this thread surprise me because they're taking a very one-sided viewpoint about the whole drunk-in-charge thing - i.e. "Well, I know I'm only going for a sleep so it's very unfair that that I should be arrested!!!"

How does a cop know that? How does he know the guy in the driver's seat isn't going to drive it in 5 mins, or an hour, or 5 hours? How does he tell the family of someone killed by a drink driver that they thought he was just having a snooze so left him in the driver's seat with the keys?

I don't for one minute think they should be as strict as to pull keys off everybody who's had a beer and has a set of car keys in their pocket. But when someone is 90% of the way there - inebriated, in the driver's seat, keys in their possession - the police are justified in taking action IMO. Whether you intend to drive or not is irrelevant by that stage, drunk people are prone to erratic and misjudged behaviour so they can't predict their own behaviour and neither can anyone else.
 

KrisSRT

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This is me probably being stupid but if he wasn’t doing anything wrong as in he wasn’t driving, could the police not use some descretion and if they have to just take them to the station to sleep it off?
 

andy9eleven

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Well it’s been law since 1920s and maybe back then the friendly sargaent might have taken you back, but those days are long gone I would have thought.
 

Rocko

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This is me probably being stupid but if he wasn’t doing anything wrong as in he wasn’t driving, could the police not use some descretion and if they have to just take them to the station to sleep it off?

As above, he wasn't charged with Drunk driving. He was charged with Drunk In Charge, and he was. Hopefully he can make the case that his livelihood is goosed without a van and he won't get a ban.
 

gcon45

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It’s ironic that the people who sleep in the vehicle rather than drive it home are the ones more likely to be prosecuted than the ones who say “f**k it” and drive home anyway.

Doesn’t really send out the right message.

Of course, it’s idiotic not to arrange backup transport when you’re out on the soup but someone who is asleep in their vehicle obviously knows and respects the danger of drink driving otherwise they would be away down the road rather than taking shelter in their vehicle.
 
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AMG

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Few mates of mine stopped off at a Chinese one night, one of them was lying in a coma on the back seat, so they left the car running as it was just parked at the door. Police arrived, looked at car, mates seen them on walkie talkies but thought nothing off it. Next thing a van arrived, and they lifted the unconcious fella out, and charged him with DIC. No amount of explaining from fellas that were in the Chinese would change their mind, was a very unfair one I thought.
 

Chris666

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Few mates of mine stopped off at a Chinese one night, one of them was lying in a coma on the back seat, so they left the car running as it was just parked at the door. Police arrived, looked at car, mates seen them on walkie talkies but thought nothing off it. Next thing a van arrived, and they lifted the unconcious fella out, and charged him with DIC. No amount of explaining from fellas that were in the Chinese would change their mind, was a very unfair one I thought.
If only they hadn't committed the first offence 8-( the cops wouldn't have been handed an easy DIC
 

AMG

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If only they hadn't committed the first offence 8-(
What was that, the driver was sober, just not in the car.

Although on the other hand i did see the consequences of a drunk rear seat passenger one night at a 24 hour petrol station.
Again driver got out and left keys in ignition, and one fella on phone left in the back seat. When he came off i saw him leaning over the front seats, and reaching in to start the car, which had been left in gear. Car started, and took off, demolishing a petrol pump en route! Would have been a fun one to explain.
 
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