Jump to content

Is it Legal to sit and drink alcohol in my car? (not drive it)


Recommended Posts

I dont think they could do you just for having the keys on you could they?

If you were washing the car on a Sunday arvos after coming back from the pub.

Be a bit harsh wouldnt it? :hihi:

 

It's a case where they could if they had reason to, but unless you're causing trouble or the policeman is a complete tool, they wouldn't.

 

If you were inside the car and in possession of the keys it is much more likely that they would charge you.

Link to comment
Share on other sites

It's a case where they could if they had reason to, but unless you're causing trouble or the policeman is a complete tool, they wouldn't.

 

If you were inside the car and in possession of the keys it is much more likely that they would charge you.

 

It's a car park crime, and a very handy one indeed.

Link to comment
Share on other sites

Definately, if you have the keys you are "Drunk in charge".

 

I heard one case of a motorhome owner (too tight to pay site fees for the night) pulling over in a laybye for the evening whilst on the way to Cornwall.

After a meal they had a few drinks and were about to turn in for the night when Mr Plod turned up.

He was Drunk in Charge.

Link to comment
Share on other sites

Why would anyone want to sit in a car and drink? Have they no where better to go?

 

Call me cynical but this smacks of "I got caught drink driving, would this work as a defence". Had clients try it before.

 

Basically, there's no technicality to it. The police will be sensible. If you're there, washing your car (on your drive), you're in bed in a motorhome (sorry I don't believe that last story at all), or you're clearly not intending to drive, then it'll be fine. If you've gone out in your slippers and dressing gown to get something from the car, no policeman is going to arrest you unless you're an arse or they are, and even then CPS would chuck it straight out. They want to see you drive it. Police have better things to do by the way. Much easier to go pull over some speeding motorist rather than risk an uncertain dodgy conviction.

 

If you're clearly looking like you're about to or have been driving, then the police will be asking questions. It's not a technical issue. If you then want to plead that you just happened to be sat in your car at 1am, plastered, feel free when you get to Court and it's a call for the magistrate.

Link to comment
Share on other sites

I read something about this recently.

 

If you are parked on a public highway it is illegal, If on private property not.

 

Getting a wee bit nippy to be doing this is it not? Unless you turn the heater on and in that case you most probably have to use the key and then if caught you'll end up with more charges.

 

You can also get into trouble for the noise from the music, depends on what time it is.

 

Have you already done this and someone has told you that they are going to the police?

Link to comment
Share on other sites

Many years ago a few of us went to the coast for a holiday, we went on the Friday and was going to sleep in the cars, went to the police station to ask advice about sleeping in the car park after having a drink. Was informed that even if you are in the back and have the keys you are in charge of a vehicle I said well if he has my keys in his car and I have his would that be ok and was told no. Apparently if no one has the keys i.e. you left them with someone in a house you would be ok.

Link to comment
Share on other sites

Why would anyone want to sit in a car and drink? Have they no where better to go?

 

Call me cynical but this smacks of "I got caught drink driving, would this work as a defence". Had clients try it before.

 

Might do:

http://www.independent.co.uk/news/uk/crime/drunk-in-charge-law-is-overturned-598781.html

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.