Solicitor recommendation....drunk and in charge of a vechicle.
- Thread starter mayweather
- Start date
Coog
Admin
- Messages
- 47,594
- Drives
- GTI
Not really sure I'm following what the problem with the thread is or what it's got to do with the 'age' of the forum. I thought it was some reasonably interesting discussion on the topic tbh.
Sometime a while ago someone asked about solicitor recommendations though...
chris_b
RMS Regular
- Messages
- 11,657
- Drives
- A car
I agree, if anything it will hopefully highlight the fact that this can happen and I’m sure by word of mouth it might even prevent someone from making the same silly mistake, especially with the festive season upon usNot really sure I'm following what the problem with the thread is or what it's got to do with the 'age' of the forum. I thought it was some reasonably interesting discussion on the topic tbh.
Sometime a while ago someone asked about solicitor recommendations though...
stevieturbo
RMS Regular
And as no2 indicates, there clearly needs to be intent to drive to warrant a prosecution.
Sleeping with keys not in the ignition etc...shows no intent at all.
What no 2 actually says is that the onus for defence is on the defendant to prove that they weren’t going to drive - not for the police to prove that they were intending to drive. There’s a crucial difference.
Again, the easy and sensible way to avoid any of this legal hassle and legal Mumbo jumbo is simply not to sit in the drivers seat of a car, with keys in your hand or on your person, pissed. But that seems to be a bitter pill to swallow for some.
chris_b
RMS Regular
- Messages
- 11,657
- Drives
- A car
Plus these days keys stay in your pocket no longer in an ignition barrel
Moral of the story is don’t go anywhere near your car after a drink, especially if it’s
Parked on a public road and in full view of the PSNI or be prepared to have your day justifying it in court
Moral of the story is don’t go anywhere near your car after a drink, especially if it’s
Parked on a public road and in full view of the PSNI or be prepared to have your day justifying it in court
Terry
RMS Regular
- Messages
- 5,383
- Drives
- Carefully
I guess for the OP, tell him to contact one of the named solicitors or ring around but be sure to ask are they experienced in dealing with similar cases. And tell him to feel free to ring more than one, sometimes advice will vary.
In terms of the wider debate above, that's why the legal system/judiciary/courts systems are set up the way they are. Laws in place, with the police in many cases only needing 'reasonable grounds to suspect', then everyone gets their day in court to have their say. If the chap in question has a host of texts where he's told family and friends where he is for sleeping, and he has a taxi booked for 8am to collect him etc, then that could all be put as a viable defence.
In terms of the wider debate above, that's why the legal system/judiciary/courts systems are set up the way they are. Laws in place, with the police in many cases only needing 'reasonable grounds to suspect', then everyone gets their day in court to have their say. If the chap in question has a host of texts where he's told family and friends where he is for sleeping, and he has a taxi booked for 8am to collect him etc, then that could all be put as a viable defence.
davey-dimples
RMS Regular
- Messages
- 12,071
- Drives
- E90 330D
Yet here it is lol
natogreen16v
RMS Regular
This forum as lots of threads with people arguing over "confusing points" and a public forum is probably a great place to debate them given its accessibility to a vast audience. Just because you don't agree with a lot of it doesn't mean it should be shut down. Hope you're not as closed minded in your job.
It's a rough situation to find yourself in. I can see both sides arguement. Wonder could you sleep in the boot out of sight lol.
Not for drink related offences but I used Hamilton & Thompson Solicitors in Banbridge for motoring offences and they reduced everything I got significantly
Gavlar
RMS Regular
- Messages
- 10,709
Drivers 'need more alcohol education'
Excess Alcohol charge but pretty relevant since some people are saying you could "sleep it off" then drive the next day
Excess Alcohol charge but pretty relevant since some people are saying you could "sleep it off" then drive the next day
Last edited:
Fvck me, 5hrs after a feed of it... I feel unsure 12hrs+ after 3 or 4
VEN©M
RMS Regular
P.S. i haven't been a moderator on this forum for 8 years.
Nor me for 3 or 4 lol
Our work organised a lunchtime alcohol awareness course for staff a while back (not for any specific alcoholism related reason, just part of a range of courses they’ve been providing including mental health etc) and it was very interesting. It certainly wasn’t aimed at making people give up drink, but very much geared towards educating you about the effects of alcohol abuse and how long it can take to flush alcohol toxins from your body etc. Some of it certainly made me more aware of what to watch out for.
Our work organised a lunchtime alcohol awareness course for staff a while back (not for any specific alcoholism related reason, just part of a range of courses they’ve been providing including mental health etc) and it was very interesting. It certainly wasn’t aimed at making people give up drink, but very much geared towards educating you about the effects of alcohol abuse and how long it can take to flush alcohol toxins from your body etc. Some of it certainly made me more aware of what to watch out for.
Pretty much this.
I honestly did not know kipping in your car with the keys on you to sleep it off or for a couple of hours until taxi's become more available/breakkie places open that you could be arrested and loose your license. I've done it before. Be cheaper to get a hotel room!
mayweather
RMS Regular
OP
- Messages
- 8,187
- Drives
- M3 Evolution
- Thread Starter
- #117
Police officer caught behind wheel while almost twice drink-drive limit to keep licence
Police officer caught behind wheel while almost twice drink-drive limit to keep licence
Police officer caught behind wheel while almost twice drink-drive limit to keep licence
Rocko
RMS Regular
Your mate lose his job too?
Edit: He was DIC too, and got 10 points. That's the normal penalty for DIC.
Edit: He was DIC too, and got 10 points. That's the normal penalty for DIC.
Last edited:
svensktoppen
RMS Regular
- Messages
- 32,781
- Drives
- FK2 CTR
The same is true for using a mobile phone, and a few other things you are not allowed to do when driving or in control of a vehicle. Stopping at the side of the road, parking up, turning the engine off, still counts as "in control of" if you stay in the car.
I don't know about the specific case in this thread, that is for the courts to decide.
But the offence of "being in charge of a vehicle while..." is pretty clear.
mayweather
RMS Regular
OP
- Messages
- 8,187
- Drives
- M3 Evolution
- Thread Starter
- #120
He resigned rather than attend a misconduct hearing.
“ his headlights on and using the heater to clear frost from the windscreen as he prepared to drive home after a police Christmas party.”
And he admitted he was for driving home....
Paddy_R
RMS Regular
- Messages
- 5,266
And as the car wasn't moving, and hadn't yet, he was charged with being drunk incharge. As mentioned before it's NOT a automatic disqualification for drunk incharge. And he only quit because he knew he was going to get fired. It's pretty much standard practice in all police forces across the UK to dismiss officers caught drink driving or similar (and this is similar) and has been for a good few years now. The guy sounds like an idiot and the police dodged one by him being caught.
Stevieturbos head has just exploded.
Rocko
RMS Regular
The court heard that he resigned from his new career before it had even begun, after being told no-one had ever kept their job after being charged with such an offence.
But he wasn't driving, he was DIC.
lackingBHP
RMS Regular
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$$ but actually interested
*not trying to be a smart a$$ but actually interested