Drunk Scot

[Dragon]

The reading was so high that a sheriff initially thought there had been a typographical error on court papers.

http://www.thecourier.co.uk/output/2008/09/04/newsstory11912163t0.asp

 

[Shude]

There is a lot of talk from those involved about being worried for his health but they busted the poor guy.

Strachan, a salesman, pleaded guilty to being in charge of the car while over the legal limit.

Sentence was deferred until October 1 for reports. Strachan is banned from driving in the interim.

Note that he wasn't driving, they couldn't proove that he was driving nor that he had hurt anyone etc. he was simply in posession of his car keys and in his car while very drunk. For this he has already been banned from driving and will likely be banned for a long time.

There is no excuse for drink-driving, it is very dangerous and hundreds of people are killed every year because of it but this chap was asleep in his car, not actually driving (nor could he, even if he wanted to!).

 

[Dragon]

There is a lot of talk from those involved about being worried for his health but they busted the poor guy.



Note that he wasn't driving, they couldn't proove that he was driving nor that he had hurt anyone etc. he was simply in posession of his car keys and in his car while very drunk. For this he has already been banned from driving and will likely be banned for a long time.

There is no excuse for drink-driving, it is very dangerous and hundreds of people are killed every year because of it but this chap was asleep in his car, not actually driving (nor could he, even if he wanted to!).

He was so sober after almost a year, he forgot how to defend himself.

 

[Deleted member 6183]

I suppose it depends on where he was. If the car was parked at his home he could argue that he never intended to drive.

If he had to drive to where he was the PCS could argue thet when he woke up he would have had to drive to get home, with hat much grog inside him hes be over the limit for days.

Having said that he would have probably have been done anyway, I used to work with a bloke who was banned because he sat in his car while waiting for the taxi he had booked to arrive!

 

[Shude]

Having said that he would have probably have been done anyway, I used to work with a bloke who was banned because he sat in his car while waiting for the taxi he had booked to arrive!

That's what I'm talking about.

 

[grober]

Getting banned from driving is well down the list of this guys problems!

 

[Stratman]

A tip given to me by a PC who I met on a holiday many years ago was that if you are over the limit and really want to just wait out of the rain while your taxi arrives then sit in the back seat of your car, not the driver's seat.

 

[Mark300SL]

A tip given to me by a PC who I met on a holiday many years ago was that if you are over the limit and really want to just wait out of the rain while your taxi arrives then sit in the back seat of your car, not the driver's seat.

A very good friend of mine on the CRX forum was done for sleeping in the back of his Audi at 1.00am when only very slightly over and with the keys in his pocket.

He was asleep when they found him, had to wake him to breatalyse him. After the second test at the station he was only very slightly over the limit and was charged with "Drunk in charge" In court his solicitor pleaded he was within 2 hours of being under the limit at the point he was tested but he got a 12 month ban!
He inisists to this day that had he been allowed to sleep until morning he wouldnt have had a problem. He was trying to be responsible by sleeping instead of driving when he realised he had probably had too much.


Since then I have never gone near a car with the keys in my possesion if I think I am even slightly close to the limit.

 

[Dieselman]

A work collegue was sent to prison after being found asleap in the drivers seat of his car whilst the engine was running.
He was only found because due to being parked with the engine running for some time the car set fire and was spotted by a passing patrol.

 

[st4]

I was of the understanding that so long as you were not in the drivers seat but over the limit, you'd be okay- in this case he was so I am not surprised. I didn't know that if you have the keys on you and you sleep in the car and you're over the limit you can be done-seems pedantic to me.

It seems quite reasonable if you have a few, have a kip in your car and to avoid confusion go on the passanger side, but obviously not (unless you have keyless go).

 

[Meldrew2]

A very good friend of mine on the CRX forum was done for sleeping in the back of his Audi at 1.00am when only very slightly over and with the keys in his pocket.

He was asleep when they found him, had to wake him to breatalyse him. After the second test at the station he was only very slightly over the limit and was charged with "Drunk in charge" In court his solicitor pleaded he was within 2 hours of being under the limit at the point he was tested but he got a 12 month ban!
He inisists to this day that had he been allowed to sleep until morning he wouldnt have had a problem. He was trying to be responsible by sleeping instead of driving when he realised he had probably had too much.

Since then I have never gone near a car with the keys in my possesion if I think I am even slightly close to the limit.

I wonder how the law applies to camper-vans?

 

[Dieselman]

I was of the understanding that so long as you were not in the drivers seat but over the limit, you'd be okay-

You don't actually need to be in the car at all. The charge is Drunk in charge of a vehicle.

 

[Dieselman]

I wonder how the law applies to camper-vans?

Could be dodgy if the Police thought you MIGHT attempt to drive the vehicle and were on a public roadway, including a layby. Once saw a programme where a lorry driver was nabbed for being drunk in charge.
He was in the cab bunk...but had been acting strangely and was wearing womens underwear at the time..

 

[st4]

You don't actually need to be in the car at all. The charge is Drunk in charge of a vehicle.

Hard to prove "in charge of a vehicle" if your not in it, or attempting to get in it.

 

[Dieselman]

Hard to prove "in charge of a vehicle" if your not in it, or attempting to get in it.

Not sure but I think being near it with the keys is classed as in charge.