sleeping in the drivers seat
2007-07-01 05:22:52 · 46 answers · asked by westybike 1 in Cars & Transportation ➔ Other - Cars & Transportation
the keys were on the left hand side of the dash obove the glove box.
also what about drinking in a camper van
2007-07-01 05:44:21 · update #1
Yes , if you have the keys anywhere in the car with you the police can assume intent to drive ,sorry
2007-07-01 05:27:44 · answer #1 · answered by Mary D 4 · 2⤊ 1⤋
It's illegal to be 'in charge' of a motor vehicle when drunk. Technically, even without keys you can 'freewheel' and steer, so I wouldn't even think about being in a car when drunk. If the keys are actually in the car then police will definitely charge you.
As for camper vans - If you're in a campsite you'll be fine. But parked up on the side of the road is a different matter.
For obvious reasons always err on the side of caution. Speaking as someone who's served a lengthy ban (not for drinking) I can confirm that it's an utter nightmare.
2007-07-01 06:24:41 · answer #2 · answered by melonhead_redline 1 · 0⤊ 0⤋
Yes, if you have the keys anywhere in the car with you the police can assume you intent to drive. The best thing to do is to lock them it trunk with a remote to get them out or under the hood after you sober up or give them to bartender or call a cab. And in the passenger seat or in the back seat may get you for being drunk in public. Sleeping in the driver seat not good with key on dash mean you was to drunk to put them in the ignition, sorry. Be sober and driving is the best way drive.
2007-07-05 11:35:41 · answer #3 · answered by eddie m 2 · 0⤊ 0⤋
YES, as in the UK you are classed as 'drunk in charge' even if there are no keys anywhere in the vehicle if parked in a public place - including pub car parks! A number of truck drivers I know of, have been prevented from driving (due to police stings at truck stops) until deemed fit to drive - no charges, but late deliveries. Explain that to the boss!!
Ref the camper van. If you are on campsite i.e private ground you are ok, but if in public place it is the same as before. Just make sure you do not drive for at least 7 hours after your last bevvy to be on the safe side
2007-07-02 08:05:40 · answer #4 · answered by george d 6 · 0⤊ 0⤋
Obviously a lot depends on the local laws. Generally a car is considered private property and not subject to search. Since it is not a crime to sleep in the back seat of your car, they have to get you outside of the car to charge you with public drunkenness. If the keys are under the floor mat or in a compartment inside the car, somewhere out of sight and not on your person it is difficult to say you were in control of the car, since you cannot control the car from the rear seat without the keys in your immediate possession. The drivers seat is another matter.
Sleeping drunk in a caravan is the same as sleeping in your own home, in principle. However common sense and justice are gone once the anti-drinking nannies get their meddling fingers into the laws. It will get to the point where you can be arrested for being drunk alone in your own home.
If you can be fined for smoking in the rear seat of a parked car, why not for being drunk. And since you had to walk in public while drunk to get to your car or caravan, you were drunk in public.
To the nannies there are no absolute rights to freedom, because freedom is only what they say it is, so as to serve the Greater Good.
Get spines and throw them out of power.
2007-07-01 16:10:24 · answer #5 · answered by Taganan 3 · 0⤊ 0⤋
It can be yes! The offence of being drunk in charge means the following: A your drunk (over the limit) and B: that you are in charge of that vehicle.
Point A is easy to prove - your either drunk or not
but point point B is a little grey. First the issue of being in charge could be anything from sat behind the wheel to being in doors when your car is parked outside with the key being in easy reach (ie also in your house or easy to get hold of!). Even if not with your car you are technically still in charge of it! So getting yourself in trouble could be quite easy. Although Im talking in theory here and not everyone is arrested when they have car keys on them! The point to prove at court would be that you showed an intent to drive, it could be argued that you got in your car to drive away but where so drunk that you fell asleep! As you can see its a grey area which is often tested at court. However with this in mind - the best thing to do would be either not get in the car. Walk home/taxi call a friend/disconnect the battery to show you had no intention of starting it from the outset. But if your wasted - in your car with the keys - you might find yourself in a cell!
2007-07-01 08:11:59 · answer #6 · answered by ali 1 · 0⤊ 0⤋
Well, this is a tricky issue. In each state there are different "grey" areas. In most states, if you are found by an officer in a car, behind the wheel and are intoxicated than you can be arrested. Charges can vary from DUI to DWI. To be safe, keep your keys in your pocket and climb into the back seat. Better yet, take a cab home. In the long run $50 for a cab home and back to your car is the cheap way.
2007-07-01 05:37:55 · answer #7 · answered by Chris P 2 · 0⤊ 0⤋
Yes you are drunk in charge of a vehicle... so just don't do it.... as someone else has said you might be ok if you sleep in the back... perhaps.... and you will be ok if you are not in the driver's seat and someone who is not drunk has the keys.... do not get in your car when you are drunk and have the keys.. it is to avoid people getting drunk, going to go to drive home but on seeing the police saying there weren't going to drive... for all our sakes the police should not have to wait until you do drive and try and get you to stop when you are drunk and might not pull over when they tell you to...
2007-07-01 05:36:09 · answer #8 · answered by Angulimala 2 · 0⤊ 0⤋
No. The term is drunk driving. Not drunk sitting in the car having a nap. If the police did question you then you could explain that you weren't planning to drink but had a couple and are sleeping in the car overnight to make sure that you don't break the law.
2007-07-01 05:37:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Only if you are in charge of the vehicle, and this is a question of fact that must be proved for the offence to be complete. The question of where the keys are is not an element of the offence, although this could be of evidential significance. There is a statutory defence if you can prove that you had not driven and there was no likelihood of you driving since becoming unfit to drive through drink. (This applies only in the UK)
2007-07-01 05:40:48 · answer #10 · answered by JimP 2 · 0⤊ 0⤋
I know someone who was banned for driving for 18 months because he opened the boot of his car to get a coat out. It seems if you have the keys "about your person when drunk" you can be charged and found guilty! So yes as you must have the keys on you to get in the car.
2007-07-01 05:29:43 · answer #11 · answered by Jim 5 · 0⤊ 0⤋