Drink/Driving

[Davypops]

I have recently been charged with being in charge of a car whilst over the limit (ie. I was retrieving my bag from the car before I got a taxi home and was arrested). Does anyone know if this is an offence generally over the rest of Europe please?

[oldmaggie]

Being in charge no longer carries a ban. The guidelines are 10 points and a fine

[bednobs]

lol did you read the same question as i did old magggie?

[bednobs]

lol did you read the same question as i did old magggie?

[Ethel]

I've been looking in to it, but can't find a proper answer to your question, sorry.

The legal pages relating to Spain, France, Germany, Italy and so on tend to in Spanish, French, German,,,, my languages aren't up to it.

[paraffin]

If you're angling towards some sort of EU appeal I'd forget it. Our drink/drive laws are not up for discussion in the likes of the European Courts.

[oldmaggie]

Yes I read the question but didn't make myself clear, as I understand it excess alcohol in charge of motor vehicle is an offence in the EU

[jno]

I don't know British law on the subject but is opening a car door really being in charge of the car?

[oldmaggie]

Had to smile at previous post, asking if opening a car door really is in charge of a car, the answer is yes if you have the keys. Reading the question I assume Davypops had the keys opened the door and was caught over the limit. A lesson to us all.

[JimmyCooper]

I used to work in a pub many years ago and we had a party one night so one of the lads bought his sleeping bag and some blankets, staggered to his car at 4am, got in his sleeping bag, put the blankets over him and was asleep in the back seat. The car was parked up in the corner of the pub car park

OB knocked on his car window at 7am and he got a year ban for drink driving.

[jno]

I'm not so sure, oldmaggie. Davypops has posted another query in this section and this link was given in one of the answers

http://www.ukpoliceonline.co.uk/lofiversion/in dex.php?t22815.html

It seems there is scope for demonstrating that you weren't intending to drive. Getting a bus timetable out of your bag or something along those lines might fit the requirements.

[oldmaggie]

Interesting case few years ago, late at night man over the limit asleep in car in a car park, no intention to drive. The car handbrake was not on properly and the car rolled into the middle of the car park, police were called and the man was taken to court charged with being in charge of car with excess alcohol in breath, if I remember rightly it was twice limit. He pleaded not guilty but after a trial he was found guilty.