Drink Driving whilst in private pub carpark

[akathevern]

My 18 year old brother had a couple of pints and was moving his car in the car park to bring it closer to the pub, as he was planning on leaving it there, as i was going to pick him up, the landlord told him to bring it closer to the pub so it wasnt in view of passing motorists overnight to steal anything etc, he was stopped by the poice (they must have waited for him)they pulled up behind him so he couldnt move his car! They breathalised him and took him to the police station and charged him with drink driving. i have spoken to several people with different views, the landlord says he cant be done as he owns the land etc, also he could only be charged with intent to drive etc, the poor lad is obviously upset by this as his job etc depends on what happens in court. I have spoken to a solicitor who says he is going to get the hearing adjored. Will he be able to drive in this time?what will he get?do u think he has a case?I need advice!!

[leela]

Hi, unfortunately the police are right as the pub car park is classed as a public place. Even if your son wasn't driving it but just sat in the drivers seat with the keys he can still be arrested and charged with drunk in charge. As to what will happen to him that depends on what the readings were when they took a specimem of his breath, he would typically get a ban and a fine imposed by the court.
Like anything else he will have a chance to put his case forward but as previously stated he was commiting an offence and he should of got someone who haven't been drinking to move his car.
His solicitor will know all this and if he can find a loophole he use it.
Unitl he is convicted he will still be able to drive only once he is convicted and when/if his licence is revoked will it mean he can no longer drive.

hope this helps, good luck.

[leela]

sorry meant to write brother in the last entry i made.

[Vesper99]

Leela is right: a pub car park is categorised as a public place and drivin ith excess alcohol counts there. Your brother can drive until he is disqualified: the reading for 2 pints would probably be the mandatory minimum of 12 months. The only possible loophole would be for the solicitor to try to persuade the magistrates that the distance travelled was negligible and that he is prepared to accept being in charge burt not driving. In charge with excess alcohol does not carry an automatic ban.

[tigwig]

this is a very unfair situation if your brother honestly didn't have any intention in driving. I have heard about people who have been arrested just for being drunk and having possession of car keys ie, just for getting something out of the car. I would fight this as much as you can getting statements from people etc and get a good solicitor . Let us know how he gets on, good luck.

[NORMANTHEDOG]

i know its hard,but if you have had a drink,dont go anywhere near a car with the keys,he will get a 12 month ban and fine.

[hugnie21]

A friend of mine was caught sitting in his car in a pub car park keeping warm while he waited for a taxi to take him home. The taxi turned up and confirmed that he had ordered it, so he clearly wasn't intending to drive.The police provided witness statements to this effect, but he still got a 12 month ban. I don't think he has much chance of getting away with it.