drunk and sleeping in car?

lewisganger

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hi as this happened to anyone on here my brother fell asleep lastnight in his car engine running he had phoned a taxi coz he was drunk started the engine in his car to warm up coz it was cold and raining, while he waited for the taxi to pick him up but fell asleep and the police arrested him he also refused to do a breath test refusing coz he was not driving the car,so question is will he be banned for this or just a fine anyone know..
 
I don't know what the penalty would be but he was drunk in charge of a vehicle and I don't think they'll be very lenient. It sucks balls.
 
True, if he is the only person in the car and is the owner and has the keys then he is responsible for the vehicle.
 
He'll be well lucky if he doesn't get banned, if you're over the limit you shoudn't go anywhere near a car unless it is a taxi.
 
Yonks ago, my mate was leaving a pub across from a cop shop in Airdrie. He was the designated driver but ended up pissed. He left the pub with the rest of my mates at closing time was only going to his car to get his jacket, two coppers were walking along the road and they warned him that if he even opened the car door he would be spending the evening in the cells and they may push for 'in control of a road vehicle in an unfit/dangerous manner', he explinaed he was only going to get his jacket and they said 'we'll do it', they took his keys, opened the car, gave him his jacket and his keys then escourted him round the corner to the taxi rank. lol

Your Bro's in trouble mate, they really don't like that sorta stuff.

I know you said your brother was only keeping himself warm, but there is always the temptaion to put the thing in gear and drive off, that's the way the police look at it, they see it as your Brother intending to drive the car.
 
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I was always told if you have to sleep in your car pissed, leave the keys behind the wheel(outside of the car). You can't be charged then apparently.
 
I hate drunk drivers but this is a silly law really.

I was arrested for carrying a knife the other day. Granted it was in the kitchen and I was only buttering a piece if bread.

But you never know, I might have commited a crime.
 
Unfortunatly, he will probably be charged with drunk driving 'cause he could have decided to drive if the taxi was ages coming, will be fined and depending on how many points he has banned. Its hellish but thats what happens.
 
Yes will be banned mate.

My brother has lung disease, and lives on a Nebulizer every 3 hrs. He went to the pub and had a few with his mates for a b'day.... he had to go out to the car to have his Nebulizer as it runs off the ciggi lighter..portable one. so hes in his car, engine stone cold... having his meds.

Police car pulls in, demands he does a breath test... that he cant do as he does not have the lung volume to do it no more...!

They nick him for d/d in charge of a motor vehicle etc.... goes to court, he gets 12month ban.... even though the car had not been driven, engine was not running, but keys were in ign to run ciggi lighter..

Crock of crap but thats uk law for ya lol
 
he will get a ban drunk in charge, having the engine running makes it worse.

thebigman
 
he wont get done for drink driving it will be failuer to give a specamine,and he will get a 12 month ban its standerd ,but havin the car running is definatley not good .
 
I been driving for 4 years (fairly new you'd say), i knew that being drunk and having the keys in the ignition you could get done, but didnt know that even if the keys arent in the ignition you can get done. but once i was totally pissed and slept in the car, used the heater to keep me warm. lucky escape methinks.
 
if you put the keys into the door, or unlock the door with a remote fob while drunk, then you will be done for drunk in charge, if you put the keys into the ignition and turn the car on, but not the engine, then its another offence, and if you start the engine its drink driving, even if youre sat in the back seat and not moved an inch
 
There is actually case law on this.

A couple had a dinner party one night and got drunk, as the guests were leaving the wife decided to move their car from down the street to in front of their house. She was pulled over by the Police, breathalised and arrested for being drunk and in charge of a vehicle.

It obviously ended in court and it was ruled she was not drunk and in charge of the vehicle as she had no Mens Rea to drive the vehicle any distance but merely to bring it to her door.

At last some common sense applied by a judge, anyway, as it's a precedental state we live in that now be the law.

My advise, get decent legal advisors and get them on the hunt to find this case.

By the strict letter of the law you need only be in the vehicle with the keys to be in possession.

Hope this helps
 
i understand police have a job to do and cant stand drunk drivers...but is this not almost 'Minority Report'? charging you for a crime you havnt commited in the the chance you mite commit it? its your car, its your car keys and anything in the car is yours...aslong as you dont drive wots the problem?

i keep my beers in the boot to keep them cold, so if ive had a few then go to the car to get them out i could be charged?
 
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