PK1
Banned
Registered: 27th Mar 05
User status: Offline
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hey
last night i was sleeping in my car outide my mates house and this police car pulls up and arrests me for drink driving
theres no evidence whatsoever except some guy across the road saying he saw me pull off...
i had to spend the night in the cells and have all my DNA recorded
can i get done for this? im on 'bail'
thing is theres no police evidence!!!
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Ajones_17
Member
Registered: 20th Jun 02
Location: Sunny Wigan Drives: BLACK 03 VTS
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Did you not move the car then once you had consumed alcohol?
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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if you in the car and under the in fluence - then you'll have been charged with "being drunk whilst in charge of a motor vehicle" doesnt matter if you didnt move the car - in fact the only way you'll get away with it was if you didnt have the keys nor access to them readily
theres plenty of evidence - u in a car -drunk - your own fault
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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doesnt matter if you drove it or moved it at all - if it was on a public highway and you were drunk whilst in charge of it - then yes youve broken the law
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Matt H
Member
Registered: 11th Sep 01
Location: South Yorkshire
User status: Offline
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Where were the keys? Was the car running?
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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doesnt have to be running - as long as he was in possession of the keys, or had access to them - ie they were under the car - then he is in charge of the vehicle
its not as serious as being caught driving - but you'll still get raped for points/fine/ban
no defence - dont go near a car if your drunk kids
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Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
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couldnt your mate have put you up on the sofa at least?? i never knew this, although i can see why it might be an offense to be in your car with the keys and drunk because under the influence you have less control over what you do so there always the danger.
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vibrio
Banned
Registered: 28th Feb 01
Location: POAH
User status: Offline
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you have to have the keys in the ignition and have the intent to drive. sleeping in your car will drunk is not an intent to drive. any lawyer will be able to get you off.
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vibrio
Banned
Registered: 28th Feb 01
Location: POAH
User status: Offline
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quote:
Originally posted by LiVe LeE
doesnt have to be running - as long as he was in possession of the keys, or had access to them - ie they were under the car - then he is in charge of the vehicle
its not as serious as being caught driving - but you'll still get raped for points/fine/ban
no defence - dont go near a car if your drunk kids
thats sick
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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your best bet is to get a foOKing good solicitor - and I mean a good one - not a no win no fee bullshit - go to the best solicitor you can afford or know - and try to find a precident case in which some1 was released after doing the same thing
you also need a good reason as to why you were asleep in your car drunk
what sample did you blow at the station?
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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quote:
Originally posted by vibrio
you have to have the keys in the ignition and have the intent to drive. sleeping in your car will drunk is not an intent to drive. any lawyer will be able to get you off.
think you'll find your wrong - if you are in possession of the keys at the time of arrest then you are assumed to have reasonable intent and in any case - your still in charge of a vehicle whilst under the influence!
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philrussell81
Member
Registered: 27th Dec 04
Location: Sheffield
User status: Offline
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my mate got arrested for the same thing, although he got away with it
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vibrio
Banned
Registered: 28th Feb 01
Location: POAH
User status: Offline
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quote:
Originally posted by LiVe LeE
quote:
Originally posted by vibrio
you have to have the keys in the ignition and have the intent to drive. sleeping in your car will drunk is not an intent to drive. any lawyer will be able to get you off.
think you'll find your wrong - if you are in possession of the keys at the time of arrest then you are assumed to have reasonable intent and in any case - your still in charge of a vehicle whilst under the influence!
no you can go out to your car and do stuff while your drunk - you must have intent. I can go out to the car sobour with the key and sleep how do you prove intent to drive. it's not easy to prove and your inocent untill proven guilty. I can't see this bloke getting done for it
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Cosmo
Member
Registered: 29th Mar 01
Location: Im the real one!
User status: Offline
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get a decent lawyer and you'll get away with it, or atleast have a good chance.
Out of interest...why did the guy say you drove the car if all you did was get in and sleep?
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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no you cnat go out and do "stuff while drunk" - just cause you've always got away with it/never being caught doing so - doesnt mean its not illegal
PK1 - what was your actual arrested charge - was in a "drink driving charge" or a "drunk whilst in charge of a vehicle" charge?
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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Sorry, but it doesn't look good for you.
There are two charges. Drink Driving, which your obviously Not Guilty of.
Drunk while in charge of a Motor Vehicle. You ARE guilty of this. If you were drunk and in the car you should of immobilised it, like take the leads off the engine, and put the keys under the back seat. This shows your intent not to drive.
The guy accross the road is enough also evidence wise. You were in the car and drunk FACT. He says he saw you drive it. Bang to rights.
There is a slight chance you could get off, but I'd prepare yourself for a nice 12 months ban (9 if you get offered the DDR scheme), and some mighty high insurance when you get back on the road. Shame you have had to learn a lession the hard way!
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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even putting the keys under the back seat isnt enough - your best to throw them somewhere - as far from the car as possible -if they're found in the car then you have reasonable access to them
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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Yes I agree, but it does look like you have made an effort!
Best thing I'd do is put my disclock on, and lock my keys in there, just having the steering lock key somewhere in the car hidden.
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corsa_godfather
Member
Registered: 6th May 03
Location: Greenock,Scotland
User status: Offline
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so if i was in the house drinking.left my phone in the car.went out bleeped the alarm opened the door took my phone out and the police saw me they could give me a 12 month ban for it?
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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Yes. Would be very picky to do that though.
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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I've seen somebody brethalised for sitting in the drivers seat with the bonnet up and a police car has come past and seen him take a swig. Lucky for him he was under the limit.
[Edited on 13-11-2005 by timrud_]
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Carl
Member
Registered: 9th May 04
Location: Jimmy Bennett's la la land.
User status: Offline
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quote:
Originally posted by corsa_godfather
so if i was in the house drinking.left my phone in the car.went out bleeped the alarm opened the door took my phone out and the police saw me they could give me a 12 month ban for it?
yes but the would more than likely watch to see what you did, then pull you over when you set off.
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corsa_godfather
Member
Registered: 6th May 03
Location: Greenock,Scotland
User status: Offline
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i was only wanting my mobile 
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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Well you would run the risk, but you would be unlucky!
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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And I'd never leave my mobile in the car.. it would get nicked ROFL
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