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Learner Driver
What is the legal stance on this situation:
A learner driver is at the wheel with a 'suitable' adult in the passenger seat. However, the adult is over the legal drink drive limit, although the driver is not.
How legal is this?
A learner driver is at the wheel with a 'suitable' adult in the passenger seat. However, the adult is over the legal drink drive limit, although the driver is not.
How legal is this?
Answers
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As the driver does not have a license the adult would be considered by the law to be in charge of the car. There is an offence called 'drunk in charge of a motor vehicle', and I think they could be convicted of that, if they were stopped and the adult was tested and found to be over the limit.
Out of interest, I heard of a local man who was prosecuted for this offence when police found him asleep in the back of his car in a car park, sleeping off a bender rather than drive home! He had left the keys in the ignition, so the cops said he was, technically, in charge of the car.
Out of interest, I heard of a local man who was prosecuted for this offence when police found him asleep in the back of his car in a car park, sleeping off a bender rather than drive home! He had left the keys in the ignition, so the cops said he was, technically, in charge of the car.
I agree with impret-sir - the full licence holder would be considered to be 'in charge of the vehicle' so possibility of being charged with being 'drunk in charge' .
Re. 'Drunk in charge' - you don't have to have the keys in the ignition or even about your person to be charged with this offence.
That, sadly is a myth. The area for being 'drunk in charge' is a very grey one.
Best not to put yourself in a position where you could be charged in the first place. That includes sleeping in a car or even going into a car in a pub car park to get your coat out of the passenger door.
Re. 'Drunk in charge' - you don't have to have the keys in the ignition or even about your person to be charged with this offence.
That, sadly is a myth. The area for being 'drunk in charge' is a very grey one.
Best not to put yourself in a position where you could be charged in the first place. That includes sleeping in a car or even going into a car in a pub car park to get your coat out of the passenger door.
Both the learner and the drunk could be prosectued if the cops feel like it, with all the accompanying fines, endorsements and / or imprisonment. The learner for being so stupid as to drive unaccompanied (a drunk does not count as suitable accompaniment for a learner) and the drunk for being drunk in charge.
What is particularly difficult to understand is how somebody can appear to show sufficient signs of intelligence to post a question to the Answerbank but still be stupid enough to be involved in a drink-driving case. Quite a paradox !
What is particularly difficult to understand is how somebody can appear to show sufficient signs of intelligence to post a question to the Answerbank but still be stupid enough to be involved in a drink-driving case. Quite a paradox !
Is that what you�d like to see happen, connor91, or what you think will happen?
This is quite straightforward � the qualified passenger will be charged with being drunk in charge of a vehicle (for which he can be fined and disqualified). The learner driver will be charged with driving otherwise in accordance with a provisional licence (because he had no proper supervision as required) for which he can be fined and have a minimum of three points added to his licence.
Provided there was a Policy of Third Party Insurance in force to cover the driver driving the car, an offence of �No Insurance� has not been committed. None of the offences that have been committed invalidate insurance.
This is quite straightforward � the qualified passenger will be charged with being drunk in charge of a vehicle (for which he can be fined and disqualified). The learner driver will be charged with driving otherwise in accordance with a provisional licence (because he had no proper supervision as required) for which he can be fined and have a minimum of three points added to his licence.
Provided there was a Policy of Third Party Insurance in force to cover the driver driving the car, an offence of �No Insurance� has not been committed. None of the offences that have been committed invalidate insurance.
How can both be charged?
If the supervising adult is charged with drunk *whilst in charge* of the vehicle, then that means the driver was accompanied; if the driver is charged with being unaccompanied, then the adult wasn't in charge so his drunkenness is irrelevent - I reckon defence lawyers would have a field day with that one :)
If the supervising adult is charged with drunk *whilst in charge* of the vehicle, then that means the driver was accompanied; if the driver is charged with being unaccompanied, then the adult wasn't in charge so his drunkenness is irrelevent - I reckon defence lawyers would have a field day with that one :)
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