Sorry, got to post this...

[Red Herring]

All I can say is I'm glad the police don't make as many assumptions as some of the folk on here......

I was under the impression its is an offence to be intoxicated and in charge of a vehicle.
I dont know if its perticularly true but an old boy where I used to work always warned us on works night out about the time he got a driving ban for returning to his car after a night in town drinking. his return was so he could change to his trainers to take the train home. but he claimed as soon as he unlocked the car he was arrested under the above offence.

I know it isnt relevent to the OP but it is to the Kris Marshall thing.

[Red Herring]

Being in charge of a vehicle is a subjective thing. Technically when you are sat at home drinking a beer in front of the telly you are still in charge of your car if it is parked on the road outside your house, however there is a defense to being in charge if you can show that there was no likely hood of you driving whilst still under the influence/over the limit. It is for you to raise the defense, not for the prosecution to disprove it, and ultimately for the magistrate to decide on it's worth. Sounds like your old boy didn't make a very convincing argument.....

[NTECUK]

Nothing like being innocent unproven guilty then

[rowdy]

Red herring, as true as that may be, that is just ridiculous.
Specialone, to answer your question, it doesn't matter if you say you had a drink after arriving.
I had to go in search of a friends van with him, after his dad proceeded to plant it as far as he possibly could into a hedge. After we located it and arrange for recovery, a police car happened to be passing whilst the tow truck winched the van out of the hedge. The police then went to see the driver of the vehicle, he was breath tested and charged with drink driving. He said he had come home shaken up and had a drink to calm his nerves. He did get a driving ban.

[MisterTommyH]

Originally Posted by Owenski

I was under the impression its is an offence to be intoxicated and in charge of a vehicle.
I dont know if its perticularly true but an old boy where I used to work always warned us on works night out about the time he got a driving ban for returning to his car after a night in town drinking. his return was so he could change to his trainers to take the train home. but he claimed as soon as he unlocked the car he was arrested under the above offence.

I know it isnt relevent to the OP but it is to the Kris Marshall thing.

Originally Posted by Red Herring

Being in charge of a vehicle is a subjective thing. Technically when you are sat at home drinking a beer in front of the telly you are still in charge of your car if it is parked on the road outside your house,

I was going to post this on FB as this was my understanding - if you have the keys you're in charge.....

Originally Posted by rowdy

Red herring, as true as that may be, that is just ridiculous.

You don't have to like the laws to live here..... just abide by them or face (be aware of) the potential consequences

Originally Posted by rowdy

. The police then went to see the driver of the vehicle, he was breath tested and charged with drink driving. He said he had come home shaken up and had a drink to calm his nerves. He did get a driving ban.

Was he at home or with you recovering the vehicle?

[rowdy]

Ah sorry, yes should have stated he was at home, told his son what had happened so his son and I went to look for it.

I am aware rules are rules, but stating that it is up to the defence to prove otherwise, as mentioned, goes against the laws of this country (innocent until proven guilty).

[flymo]

Originally Posted by Red Herring

All I can say is I'm glad the police don't make as many assumptions as some of the folk on here......

Was just thinking that.

Originally Posted by rowdy

He said he had come home shaken up and had a drink to calm his nerves. He did get a driving ban.

I'm guessing the magistrate in the case failed to believe that excuse. Quite rightly so in my opinion, on the balance of probabilities it sounds like bull. Obviously the magistrate would have known what he blew on the breath test and been able to make a common sense judgement as to whether it was reasonable for someone to come home and get to that level of breath alcohol after being in a crash.

To put a different slant on the Police/drink-drive-in charge:
Going back several years, as a HGV driver, heading North and home on Fridays about half a dozen of us would meet up just off the (old) A1 a good hour from home. Parking in a railway station car park........nice friendly local pub/take aways etc, a few pints/supper......up 6ish to 'wander' home etc.
Got up one morning to a Police traffic car across exit of car park: 2 Officers walked down and started talking to us...... friendly as ya like. I started my motor, one of the Cops said "you sure thats a good idea??......move out of this car park n we're gonna stop you/breathalys you". "However.....go back to bed n dont move off before 10.00.......no problem......its up to you........we will be watching!!"
Guess who 4went back to bed fa a few hours??
Thats GOOD "Coppering"......... 😜


"Gas it w###a".........