I was recently questioned by the police while I was sitting in my van, key in the ignition but engine off. I was asked if I had been drinking, which I hadn't so it wasn't a problem but supposing I had, would it have been a problem even though I am not driving?
2007-03-27 16:48:42 · 20 answers · asked by zarnticolz 2 in Politics & Government ➔ Law Enforcement & Police
Also what about if I'm in the passenger seat, over the limit, is that allowed?
2007-03-27 16:56:34 · update #1
Yes it is.
2007-03-28 08:04:59 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes, they could have prosecuted you for being in charge of the vehicle while drunk, especially with your keys in the ignition. The only way in which you could have defended such a charge in court would have been to prove that there was no conceivable likelihood of your driving, which is very, very difficult. I have seen so many cases of this kind that I am nervous even about going to our car to fetch something out of it after drinking a glass or two in case a police officer happens to be wandering by looking for something to do.
You mention being in the passenger seat. This doesn't make any difference in practice, as you are still potentially able to drive the car by switching seats. But it might help in persuading the court.
2007-03-28 09:05:27 · answer #2 · answered by Doethineb 7 · 1⤊ 0⤋
If you are in charge of the motor vehicle and over the limit you are going to get in big bother.
Being in charge could mean sitting in any of the seats, not driving, but capable of doing so if you chose to.
You also create an offence if you sat next to a learner driver, whilst they were driving as you are technically in charge of the vehicle.
About the only way to beat it would be not having any keys to be able to start the engine
2007-03-28 00:49:08 · answer #3 · answered by Martin14th 4 · 1⤊ 0⤋
Definitive answer is YES
Section 4 of the road traffic act is drive whilst over the limit, which is fairly straight forward... but this is the important bi
Section 5 of the act is to Be in charge of a motor vehicle whilst over the precribed limit
this is being over the prescribed limit, 35 microgrammes of alcohol, and being in a position where you could, if you had the intent, drive the vehicle.
So if your sitting with the keys in your pocket, drunk, and there is nothing physically preventing you from driving you away if you so chose to.
But the onus is on the police to prove the intention before they can charge someone with it.
hope thats cleared up anything
2007-03-28 07:40:07 · answer #4 · answered by the mofo 4 · 0⤊ 0⤋
Yes if you have the keys, I was a contract worker and always had the idea of buying a motor home so I could park up, possibly in a pub car park, have a drink (or three) then off to bed , I was bothered about this law, what if I left the keys under a wheel or hid them?
After checking out all the pro's and cons it wasn't worth the risk, I didn't bother.
Another point which may be of interest:-
I was working overseas hadn't touched my car for 3 months, came home, walked up the pub, got well and truly pis*ed and arrived home around 1am the next morning.
The police were let into the house by my Son they said they had "reason to believe" I had been drinking and driving, I was in no mood to have a pleasent debate with them on the subject I told them where to stick their handcuffs. They insisted on me taking a breath test, I told them to stick it in the same place as the handcuffs , They eventually escorted me to the jail.
The next morning I discovered my Son had 'borrowed ' my car that evening and had been seen entering my drive way a bit erratically.
I took my Son to the police station, he was charged with nothing, all his papers were in order!
I was still charged with refusing to take a breath test and found guilty,!!
Because I hadnt been driving I was given 10 points for a 'drink related 'offence, plus a fine of £150, my lawyer cost me £150 (a waste of space), and its almost impossible to hire a car with a DR on your paperwork!. This DR stays on your record for 11 years!!
My Son vanished until I went back overseas.
I was not a happy chappie!!
2007-03-28 06:14:01 · answer #5 · answered by budding author 7 · 0⤊ 0⤋
If you are siting in the drivers seat and the keys to the vehicle are in your possession, and you been drinking, they can breathylise you and if your over the limit , they can book you. If you are in the passenger seat and you have the keys and you are the owner of the vehicle, they can still book you if you are over the limit, and the same applies if you are sitting in the back seat.
2007-03-28 19:33:02 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The law is very clear on the matter if you have the key's to a car and are over the limit then technically you are in charge of the vehicle and that is against the law...hope this helps
2007-03-28 00:02:54 · answer #7 · answered by Jim M 4 · 1⤊ 0⤋
you would have been charged with drunk in charge of a motor vehicle if the keys were either on you possession
or as you claimed in the ignition the penalty is the same as drink driving a fine and minimum 1 years ban.
2007-03-28 06:30:24 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes because you could still start the engine and drive off. if you are sitting in the drivers seat it is assumed you are the driver of the vehicle.
It is different if you are in the passenger seat and there is someone else who is charge of the vehicle
2007-03-28 10:05:16 · answer #9 · answered by Lady Claire - Hates Bigotry 6 · 0⤊ 0⤋
I knew someone who was given a ban, for being drunk, but sleeping in his car, he'd put the ignition on to heat the car as was winter, still classed as in charge of the vehicle
2007-03-28 07:03:46 · answer #10 · answered by SunnyDays 5 · 0⤊ 0⤋
In the United States, the law is if you are drunk in your car with the key in the ignition you could be arrested for drunk driving.
2007-03-27 23:52:18 · answer #11 · answered by *Amanda* 5 · 0⤊ 0⤋