Read it and weep... Even if you had no intention of driving it is up to you to convince the court, not up to the prosecution to prove that you did intend to do so. Just having the keys in your possession is enough - you don't even need to be in the car...
From what I read in that...you need to be driving erratically for them to suspect that you may have been driving (and switched seats). Appearing drunk and having intention to get into the car to drive.
Deciding that you are unfit to drive and sleeping in the back looks like a common sense thing to do!
Thanks for the link Bob. I think I would be o.k. just coming home and putting something in the back.
The offence is:
It is an offence for a person to be in charge of a motor vehicle on a road or other public place with excess alcohol in his breath or in blood or urine as evidenced by a certificate of analysis or statement.
I think this would help my case:
There is no legal definition for the term "in charge".
Anyway, I don't believe it will ever be an issue.
Here in the Western USA, I have slept in my car many times -- and have been woken up many times by the police. Each time I have told them that I got too tired to drive. They have always left me be after that...they don't want tired people driving (I think that is the second most common cause of wrecks next to drink).
But what I hate (and it has happen many times) is when I park and lean back in the driver's seat to catch a few winks -- I wake up thinking I have fallen asleep at the wheel. I grab the steering wheel, slam on the brakes and try to see out the window. I finally will realize that everything is dark and the car is not moving...but my heart is beating a mile a minute, so I get back on the road wide awake. Man I hate doing that...I have to lie down across the seat or something to keep it from happening (hard to do when I was traveling in a VW bug with the backseat full of stuff.)
Oh Lord, glad I don't drink, LOL
Sleeping bag is a good idea.
There are plenty of service stations that have washing/shaving facilities so should be ok on that score.
I think I'll just try it and take the experience. Better than not having tried at all.
If I get any decent photos I'll post a few!
My post sparked a really interesting thread, so thanks everyone!
p.s. It's on the cards I will be made redundant next year. At that point I aim to buy a small RV and hit the road and disappear into the sunset!
I worked for a company who banned us from having any loose items in the car...tools, drink cans whatever. The boss had witnessed the aftermath of an accident where every loose item became a very lethal projectile within the car!
Originally Posted by Vaughn
I too can vouch for the "no loose items in the car"
I have unfortunately witnessed the result several times (once fataly)
Don't put anything in the car you wouldn't be injured by if it hits at 60mph (100kph)
Everything inside the car becomes a projectile and you are the softest squishiest thing in there
Always put your stuff in the Boot (Trunk) of the car - hopefuly you will never have to find out how true this is
This includes Camera Bags & most particularly Tripods
However, you also need to think about loose coins, thermos flasks and even hardback road atlases - non of these are fatal but can lead to nasty cuts and bruises.
Sorry for being so quite so cheerful
The problem isn't just about drunk driving it's about being in charge of a vehicle when drunk. If you have the keys, then you have charge.
Originally Posted by Steve Smith
Martin's point about loose equipment was brought home to me many years ago whilst driving a company van through London in a somewhat lively fashion. An emergency stop caused equipment in the rear to try to leave the van via the front window. It was only the remains of the passenger seat that prevented it from doing so. Fortunately I was alone in the van otherwise I would have had a day or two in the coroners court to reflect on my poor driving. Since then I have always been very fussy about not having loose objects it the back of my car, I cannot claim that my driving has improved though.:(
you are lucky you are in the uk ... 20 years ago my brother and i
did a road trip ... maybe 2 hours
away from home, we stopped at a rest area.
there was a guy in his car next to us (resting?) ...
a state policeman pounded his door, shone his maglight in his window and
shouted " hey this is a rest area, no resting allowed " ...
if you end up taking a wrong turn and instead of
south england end up in CT/USA, get those glasses with open eyes on them
they might help in situations like this ;)
I have seen the aftermath of a fairly moderate speed crash on a TV documentary showing tests recently carried out by the Road Research Laboratory, and was horrified to see that a metal tool box full of metal tools in the boot (trunk) of the test vehicle had gone through the rear bulkhead, and back seat, opened , and causing spanners and wrenches to be thrown all around the car, causing what would be horrific injury's to the occupants , who were fortunately test dummies, it certainly made me think
Originally Posted by Martin Aislabie