drink driving

[jdcraven1]

i live in a private block of flats and had visitors over at the end of the evening and all there cars had gone i went down to move my car on the car park which holds four cars. we all have our own spots my car does not go out on evening so l leave the driveway clear for a lad thats in and out. I did not go onto road and moved the car to put thecar in its spot and was arrested for drink driving. my job depends on my licence and i have no previous history at all how do i stand

[Postdog]

On the bus maybe.

Seriously, I don't think it makes any difference. You can plead mitigating circumstances, that you had no intention of driving on the public road, but the bottom line is you were over the limit in charge of a car.

[bednobs]

what do you mean how do you stand? do you mean what sentance will you get?

[Hymie]

If I were you, I would get proper legal advice, rather than rely on the likes of me for advice.

Personally I would think that you would have a good case, in that you did not drive the vehicle on a public road, and importantly could show that you had no intention of doing so.

Motoring laws can be quite obscure and it could be that you are banged to rights.

Many years ago, I was out drinking with a friend, who stupidly parked illegally such that his car attracted the attention of the police. On approaching his car, the police question him & asked whether it was his car. He confirmed that it was � but that he had no intention of driving it. The police insisted that since he had the ignition keys in his possession, he was deemed to be in control of the car on a public highway. He was breathalysed � fortunately for him he was under the limit.

Once the police could not nick him for drink driving, they lost interest in the fact that he was illegally parked & obstructing traffic, and he was asked to move the car.

[Ethel]

"The law applies to a "road or public place", so you can be convicted of drink-driving anywhere the public have access, including private car parks - you do not have to be on a public road."

http://www.80mg.org.uk/ddlaw.html

[Ethel]

Hymie - as soon as he moved it, did they arrest him for drink driving?

A few years ago there was a case highlighted in the media, amusing for everyone but the man concerned. A farmer was woken by police in the early hours - could he move his vehicle as it was obstructing access to an an emergency. Chap put his dressing gown and slippers on, walked down his path and drove his vehicle a few yards. He got out. 'Been drinking, sir? Please blow'. He was successfully prosecuted.

[Hymie]

Well according to Ethel, it looks as though you are banged to rights !!!!

In answer to your question (Ethel), no � my friend had been breathalysed and shown to be under the limit (I recall that he had to wait 20 minutes before giving the specimen, since we had just walked out of the pub).

[sandbach99]

To prosecute you the police have to see you driving, were they on the car park?

When you get the court hearing date ask the duty solicitor to get you the prosecution pack and you will be bailed to attend the court again. When you have this pack check what evidence they have.
There was a pack you could buy, Amazon stocked it, which gave advice on driving defences.

Try ringing some of the adverts at the side of this page, if these solicitors get you off they ask for your costs, ie their fees, in court. I f you are convicted you have to meet their large fees yourself. Depends on the evidence and how much your job is worth

[Barmaid]

From what you have said I think you may have something called a "special reasons" argument (don't remember the full test to this because I haven't done this sort of stuff for ages so forgive me if I am wrong) whereby you can argue that the circumstances and the shortness of ground covered gives you special reasons NOT to be banned. If I were you, i would seek legal advice pdq.

[BRAVO1]

I am sorry to say for someone who needs their licence for work, you really should have used your brain, and left the car where it was parked.

100 feet or 100 miles it's all the same, you drank, you drove, you got caught, deal with it.

And for all those reading this who think I am a right killjoy think of the bigger picture please.

If you have been drinking, NEVER get in your car, not even in the back seat to sleep it off.

And remember if you have drunk a skin full the night before, you may well be over the limit in the morning.

Medication can also affect your driving as well as drink.

A good friend of mine's 11yr son got knocked off his bike and killed by a drunk driver travelling to work.

The driver got three years in Prison, my mate a lifetime of sadness and tears !

THINK BEFORE YOU DRINK BEFORE YOU DRIVE.

[north star]

If there is a barrier or gate that restricts access to the car park to only authorised user then you should be ok. If not then you will be prosecuted

[Nhozu]

the moment you put your keys in the ignition you drink drive. and considering that you were driving on private land doesn't really matter for your arrest. Basically because the police would get all kinds of excuses about not intending to drive on the road. Furthermore, its strict liability so essentially you are gona have to find someone to support your 'claim' to normally move your car, as the police will just look at your reason as an excuse.

Unless you can get some to confirm you normally move your car around the car park I think you are in a spot of bother.

[chas2008]

Ethels spot on , as usual.....
anywhere the public have access to counts as the 'road., and just having the keys is enough for a conviction, 'drunk in charge', i think is the wording .
out of interest, what drew the attention of mr Plod ??..something must have promted them to breathalyse you..

[LAW_DROP-OUT]

chas amongst others ,,,,, has the right answers here ,,,,, you dont have to be in vehicle , for you to be breathlised ..... if you are out doors near the car , with keys in hand , they can breatlise ,,,, if they are suspicious ,,,,,,

[Ethel]

Raggy - drunk in charge would be the offence. Wise people in that predicament make sure the keys are not on their person (nor in the ignition) so they can honestly say it would be impossible to drive or even start the engine.

Publicans are quite good at looking after car keys.

[chas2008]

mandatory 12 month ban, no question of it

[Ethel]

Yes. This link explains it (although it is promoting a law firm, but never mind - the facts are true)

http://www.marymonson.co.uk/drunk-in-charge.ht m

and

http://www.motoringlawyers.com/article.asp?id= 101

[Golf38]

OK. I think you are knackered on the public place legislation. Howmuch did you blow - I have access to the drink drive sentencing guidelines