Im calling BS on this im afraid. As ive said, that means ive commited your so called offence every time ive been out.
Look at what your saying. Basically, your trying to say that being in possession of a car key while drunk is an offence.... So pickin my keys off the floor as i go to bed having drunk a few is an offence? having my keys in my pocket when my car is miles away is an offence? No. There must be the 'intent' on actually using it. Possession is not an offence, and If you like, i will find a bobby when im out tonight and ask them.
Lol, yes, correct, it is technically an offence. But like I said, very very very unlikely to have any action taken against.
If you don't believe me, here goes:
Section 5 Road Traffic Act 1988:
If a person drives, attempts to drive, or is in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
Four points to prove:
The vehicle was a motor vehicle.
It was on a road or other public area.
The accused was driving, attempting to drive or
in charge of a motor vehicle.
They had comsumed so much alcohol that the proportion in their breath, blood or urine exceeded the prescribed limit.
Definition of 'in charge of':
Technically speaking, whoever has the keys of a car is in charge of it. In addition, there was always be someone in charge of a vehicle unless it has been abandoned. However, for a prosecution to be successful under this section, there must be a likelihood of this person actually driving the vehicle whilst they are over the limit.
There you have it, as I said before, you would still commit the offence, but never be prosecuted for it.
Even if you go out on the p*** in London, your car is in Newcastle and you leave your keys at your holiday home in Devon, you are still technically in possession of those keys, so still commit the offence, and an officer could arrest you for it if he really wanted to for the matter to be investigated. But the custody sergeant would most likely release you straight away with no further action.