No, I think it's pretty clear most people understand the law, they just think it's stupid.Not always, it depends entirely on the case in question, and in this situation, the police did nothing wrong. People just do not understand the law.
No, I think it's pretty clear most people understand the law, they just think it's stupid.Not always, it depends entirely on the case in question, and in this situation, the police did nothing wrong. People just do not understand the law.
It still doesn't change the fact that either the Police have no common sense or they are simply not allowed to exercise common sense in today's target-driven world.
Would it have happened a few decades ago? Before the Police were just drones that had to blindly follow procedure and never make judgement calls? Before they left people to drown in rivers becuase "health & safety training said we shouldn't try to rescue them"... etc.
No, I think it's pretty clear most people understand the law, they just think it's stupid.
Some cars need the keys in or the alarm goes off, my old focus done this....
imo your only "In charge" of the car when the hand break is off.
They may have suspected he had been driving the vehicle though, if not minutes before then an hour or so before.
Probably not quite that simple, but in this case:
parked in a car park
engine presumably *cold*
asleep
Should be enough to decide that you weren't driving or intending to drive.
I may suspect you're an axe murderer. Without evidence, that suspicion shouldn't be worth ****.
And presumably there would be CCTV cameras around to find out when he parked, etc.
He wasn't charged with driving under the influence. He was charged with failure to give a sample. There's no defence for this, it was his own fault. If he had given the specimen, he could have at least gone to court and argued his side and hopefully the judge would have give him the minimum punishment.
He wasn't charged with driving under the influence. He was charged with failure to give a sample. There's no defence for this, it was his own fault. If he had given the specimen, he could have at least gone to court and argued his side and hopefully the judge would have give him the minimum punishment.
The tenuous point for me is that the person in question. Wouldn't need to provide a sample if he was not in charge of a vehicle.
The way a person is deemed to be 'in charge' I think needs to be addressed, for example, my parents when I was young, would frequency drive to a nice country pub, that was thier "local", get trollied and cab it home, every weekend with out fail.
By the current rationale, the police could get the stats right up simply by going to country pubs and nicking anyone with a set of keys if thier car was outside... its unacceptable behaviour.
Probably not quite that simple, but in this case:
parked in a car park
engine presumably *cold*
asleep
Should be enough to decide that you weren't driving or intending to drive.
What is the legal definition of being in charge?
There is no legal definition for the term "in charge" so each case will depend on its exact circumstances and facts. Generally, a Defendant is "in charge" if he was the owner/in possession of the vehicle or had recently driven it. He is not in charge if it is being driven by another person or is "a great distance" from the vehicle.
Matters are more complicated where a person is sitting in the vehicle or "otherwise involved with it". In charge can include attempting to gain entry to the vehicle and failing, having keys to the vehicle, having intention to take control of the vehicle or even "being near the vehicle".
It does not follow: he could wake up three minutes later and drive off - which is precisely why the law is the way it is.
M
Ah, convicted for a potential future crime, then. Makes *perfect* sense
Ah, convicted for a potential future crime, then. Makes *perfect* sense
You could argue the same if someone was stood pointing a loaded gun at someone else.
"It's okay, just leave them to it."
Ah, convicted for a potential future crime, then. Makes *perfect* sense
It does not follow: he could wake up three minutes later and drive off - which is precisely why the law is the way it is.
M
I'm probably over the limit right now, my car is right outside and my keys in my coat pocket.
When can I expect my arrest?