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

Discussion in 'Legal, Insurance and Finance' started by mayweather, Dec 17, 2018.

  1. Coog Admin

    Coog
    Drives:
    Jaguar XJ6
    If she hopped out at the petrol station or something it could be!
     
  2. NI_Volvo_Nut RMS Regular

    NI_Volvo_Nut
    Location:
    Bangor
    Drives:
    Skoda Octavia
    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?
     
  3. Rocko RMS Regular

    Rocko
    Location:
    Rockingham
    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 likes this.
  4. svensktoppen RMS Regular

    svensktoppen
    Drives:
    S3, Elise
    There is only ever one way to be sure. Anything else is rolling the dice.
     
  5. pablo RMS Moderator

    pablo
    Location:
    Glengrimley
    Nuke it from Orbit?
     
    svensktoppen likes this.
  6. purplea4T RMS Regular

    purplea4T
    Location:
    Bangor
    Drives:
    Yeti & Vectra
    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.
     
  7. Snoopcousins RMS Regular

    Snoopcousins
    Location:
    Bangor
    Drives:
    Seat Leon Cupra
    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
     
  8. Snoopcousins RMS Regular

    Snoopcousins
    Location:
    Bangor
    Drives:
    Seat Leon Cupra
    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
     
    Last edited: Jan 11, 2019
    johnm and purplea4T like this.

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