drunk in charge

[jimmysipples]

alseep your car at the side of the road and are drunk. Police charge you with "drunk in charge of a vehicle" does this carry the same ban as drunk driving?? ie. a year and a day and resulting in you having to re-sit the test

[Yorkie580]

yes

[Loosehead]

If you have the keys inside the car with you then technically yes. The advice is to hide the keys outside the car somewhere and go to sleep on the back seat.

[Joe_the_Lion]

Loosehead, I may be wrong here but I am certain to "be in charge" of a car, one has to have control of the steering and propolpostion. Given a car can in theory move and steer without the keys (i.e freewhelling, or simply false starting it) I am sure there were stated cases that your key scenario is in fact an old law-wives tale.

Please feel free to correct me. Traffic law isn't my strongest subject.

[Yorkie580]

Joe_the_Lion... what you're describing is basically the definition of driving rather than being in charge.

For an "in charge" prosecution the police have to satisfy the court that the person was trying or was likely to try to drive it.

Not having the keys is a good way of demonstrating that you weren't trying to start it, as is sleeping in the back, but every case is different.

[Joe_the_Lion]

I knew there was something lurking in my old grey matter regarding this.

So, if the police found you actually "asleep" in the car, surely there is the same "chance" as you driving if the keys are in the ignition, in your pocket or even outside the car. Asleep is asleep!

What I am thinking of is a Motor caravan. Forget the laws about sleeping in a car anyway, but a motorhome is interesting. You could even have the engine running for heating. And if the public have access (even on a private caravan park) drink driving I believe is the same.

But as you state, every case is different and for such a common offence there are case laws for and against.

[Barmaid]

I think (but will am happy to be corrected on this because it is a long time since I have done traffic) that "in charge" carries a discretionary ban. Having said that, I do know of a chap who sat in his car at the sea front one afternoon, drank several cans with a mate, was reported and the police found the keys in the ignition, turned on so that they could listen to the radio. On the basis of a defence that he was intending to find a B&B and not drive until he was sober the next day was acquitted. Expert evidence was required to show that when he intended to drive he would have been under the limit. But as Joe says, every case is different and it depends on the unique facts of each case.

[lady_p_gold]

you don't have to re-sit the test though, you just go on a course with lots of other 'offenders'.

[stacyram1rs]

Yes it does.

http://duilawyernow.org/