Offense Code 125 - £100 + 3 points

[Akagi]

It probably serves you right to be honest, if you phone was in your hand and you were looking down at it, its not much different to checking a text or something. A friend faced similar consequences for skipping a track on his iPod while driving.

You can't really prove what you were doing on your phone either, you could have flicked over to Google Maps and said "look officer, I was only checking the satnav, honest!"

I bought a phone stand thing for a few quid online for if and when I need to use my phone as a satnav.

 

[atpbx]

You can - as long as you don't sit/sleep near the controls - i.e. in the front seat. If you have a front seat that forms part of the sleeping area, you'll usually find that these swivel "away" from the controls - so it would be fine to sleep in the front seat in that position.

Thats not entirely correct seeing as you can be done for drunk in charge without even being in a vehicle.

In his case, he would be drunk in charge of his vehicle unless someone let him in and took the keys away

 

[Akagi]

Thats not entirely correct seeing as you can be done for drunk in charge without even being in a vehicle.

In his case, he would be drunk in charge of his vehicle unless someone let him in and took the keys away

Is it illegal to sleep in the front passenger seat of your car, while drunk, in a locked car-park, at oh I dont know... A popular LAN event?

If so then oops...

 

[Sasso]

Is it illegal to sleep in the front passenger seat of your car, while drunk, in a locked car-park, at oh I dont know... A popular LAN event?

If so then oops...

lucky the security didn't kick you out they can be a right pain!!! going to this weeks lan?

 

[Akagi]

lucky the security didn't kick you out they can be a right pain!!! going to this weeks lan?

Sadly I have no plans to. And I fear that it may be a little too late to start planning.

Plus I have already agreed to give a few mates a lift to and from the Reading festival.

Perhaps next time. Looking forward to exploring the Ricoh. My last one was 49, which was awesome.

 

[atpbx]

Is it illegal to sleep in the front passenger seat of your car, while drunk, in a locked car-park, at oh I dont know... A popular LAN event?

If so then oops...

If its a public place with what could be argued as "accessible to the public" roads then I imagine the answer would be yes.

Its also one of the few charges where you are not innocent until proven guilty, once the charge is brought you have to prove you innocence not the other way round.

 

[Akagi]

If its a public place with what could be argued as "accessible to the public" roads then I imagine the answer would be yes.

Its also one of the few charges where you are not innocent until proven guilty, once the charge is brought you have to prove you innocence not the other way round.

If I were to do it again in the future, would I be okay if I left my car keys in the posession of a friend, or in my lockbox chained to my desk inside? I can lock the door again with the pin/button when I get out.

 

[dangel]

I read this whole thread with a mixture of interest, amazement and (frankly) disappointment. I'm absolutely staggered the OP thinks he was hard done by - phone (in hand) looking down at it?
Happy to see the law works when people make bad choices. Hope you learn from it (not looking good though).

 

[atpbx]

If I were to do it again in the future, would I be okay if I left my car keys in the posession of a friend, or in my lockbox chained to my desk inside? I can lock the door again with the pin/button when I get out.

Its about proving your intent if you get caught with the keys.

All it requires is for a police officer to say he caught you walking towards your vehicle while drunk in possession of the keys and you will be guilty of being drunk in charge.

Even if all you intended to do was to put something in/take it out the boot, even if you were not ACTUALLY going to your vehicle, merely walking past it.
Just the act of being drunk, while having your keys and being in proximity to your vehicle is enough for them to do you.

It is THAT broad a charge.

 

[Burnsy2023]

Thats not entirely correct seeing as you can be done for drunk in charge without even being in a vehicle.

In his case, he would be drunk in charge of his vehicle unless someone let him in and took the keys away

I'd just like to mention that although drunk in charge can be a very broad offence, actually getting it charged is very difficult let alone getting a conviction. This is why officers will often wait for a person to actually try and move the car to get a drink driving charge as it's much easier to prove and get a conviction.

 

[xs2man]

Not always the case. One of my friends brothers got done because he was found drunk, sleeping on the rear bench, but with his keys in his pocket.

He was both drunk, and in charge of the vehicle.

 

[PMKeates]

As the police are the only ones that can issue me a fine and points for not driving to the prescribed standard, I'll drive to match thier definition, cheers

What does the police issuing fines have to do with what's good or bad, or right or wrong? The police didn't create the law or define the standards.

 

[Gornall]

Chubby Brown only got a £30 fine for reading a news paper while driving down a dual carriage way

I can kinda get why it feels like you are hard done by OP, but the law is the law unfortunately. Suck it up

 

[Deleted member 66701]

What does the police issuing fines have to do with what's good or bad, or right or wrong? The police didn't create the law or define the standards.

Way to miss the point.

<slow clap>

 

[MooMoo444]

Chubby Brown only got a £30 fine for reading a news paper while driving down a dual carriage way

I can kinda get why it feels like you are hard done by OP, but the law is the law unfortunately. Suck it up

Reading a paper? wow, that's pretty bad. I'd argue that's worse than using a phone or eating a sandwich as you need your eyes off the road completely to read. Pretty bizarre.

 

[Gornall]

Reading a paper? wow, that's pretty bad. I'd argue that's worse than using a phone or eating a sandwich as you need your eyes off the road completely to read. Pretty bizarre.

Craziness isn't it.

Think he got 4 points...but the had him on camera going down an entire stretch with the paper on his lap.

http://www.bbc.co.uk/news/uk-england-york-north-yorkshire-28880647

 

[Haggisman]

Scania were the hgv drivers sat in the front seat or asleep in the bed? I would have thought parked up for the night would mean in the bed getting some sleep, so then amigafan's advice may not quite be accurate.

Just had a quick google and a couple of solicitors websites would suggest that even sitting in the passenger or back seat could mean you are in charge of the vehicle if you have entered it yourself with the keys.

Yeah, wasn't there some b-list celebrity who went to sleep drunk in his car in a retail park and got done for being drunk in charge recently?

The irony being that if he hadn't "done the right thing" and instead just driven home, he probably wouldn't have gotten caught...

I've always wondered where the cut off point is, whether it's to do with proximity, or if there needs to be some kind of barrier between you and the car...

If the car is on my drive and I'm sat on the sofa drinking with the keys in my pocket, does that count?

What if it's a hot evening and I have the door open?

What if I accidentally leave the keys in the ignition, then go inside and have a few beers?

What if I'm camping and sat right next to the car with the keys in my pocket having a beer by the bbq?

Etc.

 

[Burnsy2023]

The irony being that if he hadn't "done the right thing" and instead just driven home, he probably wouldn't have gotten caught...

The right thing would have been to get a taxi home or organised somewhere to stay, not sleeping in the car.

I've always wondered where the cut off point is, whether it's to do with proximity, or if there needs to be some kind of barrier between you and the car...

If the car is on my drive and I'm sat on the sofa drinking with the keys in my pocket, does that count?

What if it's a hot evening and I have the door open?

What if I accidentally leave the keys in the ignition, then go inside and have a few beers?

What if I'm camping and sat right next to the car with the keys in my pocket having a beer by the bbq?

Etc.

The defendant must prove that it was more likely than not that he would not have driven so long as he remained unfit to do so in which case, he is not considered to be in charge.

The above is a statutory defence for s4 RTA. Just be reminded that it's up to the defendant to prove they had no intention to drive or otherwise control the vehicle. Also note that with the driver who sleeps it off in their car, there is always a risk that the police may allege that they would have driven when awake but still over the limit.

 

[Haggisman]

The right thing would have been to get a taxi home or organised somewhere to stay, not sleeping in the car.

Well yes, but given the choice of drive home drunk, or sleep it off in the car, I don't think anyone would argue that sleeping it off in the car was the "right" thing to do. Clearly not the sensible thing to do given the arrest however

The above is a statutory defence for s4 RTA. Just be reminded that it's up to the defendant to prove they had no intention to drive or otherwise control the vehicle.

Surely the fact that someone is asleep in the back seat is as good proof as you're going to really get - after all, if they'd intended to drive or otherwise control the vehicle, they would have.

Also note that with the driver who sleeps it off in their car, there is always a risk that the police may allege that they would have driven when awake but still over the limit.

If the engine is still warm or there are other signs that the car has been recently driven then I could understand this, however surely without those signs, that argument could be used in other circumstances - i.e. you get home from a night out, go to sleep, and get woken up with an accusation of drink driving, despite getting a taxi home, because you "could have driven when awake but still over the limit"

I find it very disturbing that it's possible to receive a criminal record, driving ban, potential jail sentence and up to £2.5k fine with zero evidence, because from the way you describe it, being drunk and within proximity of your car and its keys would be enough for a charge.

 

[MooMoo444]

To me it's the same as owning a gun when you're not supposed to. Even if you don't intend to do anything with it, being in control of it is an offense. Them's the law.

Plus a car is basically a weapon with a drunk driving it. Being in it with the keys is classed as being in control of it. While under the influence, there is nothing stopping you from being a bit overzealous and going for a spin in it (without being fully aware what you are doing) once the copper drives off.