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Drunk in charge


woolybanana

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Years ago, in EweKay, there used to be a driving offence called "drunk in charge of a vehicle", for which you could be done if you happened to be a little the worse for wear and were carrying your car keys. It may still exist.

But, does such an offence exist in France?

Committee of experts please go into conclave and send up white smoke when best answer is decided upon.[;-)]

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As I have been informed, if you are in control of the vehicle, that is to say, you have the abilty to start it (e.g. have the key), even if your not sitting in or on the vehicle, you can be charged. A French resident we know was "done", and he was "only" sleeping in his car, with out the keys in the ignition, but in his pocket,  and he was "very, very drunk at the time"!

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[quote user="Nell"]The secret must be to stay in your PJ's all day as well as all night, then the blue meanies won't get you [:D][/quote]

Surely the answer would be not to get "a little the worse for wear" (and be able to wear proper clothes) [8-)]

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Back in the 1970s I arrested a doctor under S.6 of the 1960 RTA for being drunk in charge as he was on the ground by the side of his car, drunk as a skunk with his car keys in his hand.  He had every intention of driving his car but was so p****d he'd more or less passed out before he could actually get into it but I wasn't going to take a chance.

Yes, in France you can be nicked for something similar but my understanding is that if you're on a camp site in a mobile home and settled in for the night, the G men tend to assume it's like your nest for the night and you're not going anywhere - being pragmatic, if you've paid for the stay in advance, it's unlikely that you'll be driving off.

But the latest DiC attack here, especially now the new brigade members have been drafted in for the summer which always means more roadside checks, is the morning after drivers who are still over the limit after a night's sleep, whether you're driving a car or a mobile home thingy.  So if you've had too much the night before and you're over the limit when you set off the next day, in 24 if you get stopped and tested, prepare to loose your licence if you're still over the limit.

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Tony.

Should that not be "still significantly over the limit"?

I thought that the first tier of punishment was the loss of 6 points, if over a higher level of alcohol then it is a tribunal the next day and loss of permit, have I been misinformed?

I should add that it is of academic interest in my case!

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It always struck me as perverse and potentially self defeating that simply being drunk in the car whilst in possession of the keys is effectively regarded as the same offence as drunk driving. A person could ask themselves 'if I'm going to get done for it anyway what's the difference if I drive then' even if it were only round the corner to find a quiet spot where there was less chance of being discovered..

If you did happen to get a bit tipsy and decided to sleep it off in the car where is the harm and surely that is more an act of responsibility than the opposite ?

A case of guilty until proved innocent !

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Perhaps not but depends largely on ones level of drunkenness I would say.

If for instance I went out one evening with no intention of drinking but for one reason or another had a couple of glasses I might think myself not in the least bit drunk yet could still possibly be over the limit so by making a responsible decision not to drive but to spend a few hours asleep in my car I'm considered as guilty as the next man who has driven his car whilst smashed out of his head.

Not quite my definition of fairness or justice.

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So, we're back to decisions made by drunks...[;-)]

Having taken the entirely responsible decision not to drink, then proceeded to ignore that decision and drink sufficient alcohol to exceed the legal limit, would a subsequent and equally responsible decision not to drive be at risk of a similar change of mind?

 

 

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A few years ago, in the Welsh town of Newcastle Emlyn, our local dentist, having had too much to drink, unlocked his car then gave the keys to the publican to hold until the morning.

He was wakened from his sleep in the back of the car by the local constabulary, searched and they found another key on his person with which they managed to start the car (it was an old car with a probably worn ignition switch), he was subsequently prosecuted, even though the Publican showed the Police the Dentist's car keys.

Fair ? I dont think so, but fact certainly.

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[quote user="Sunday Driver"]So, we're back to decisions made by drunks...[;-)]

Having taken the entirely responsible decision not to drink, then proceeded to ignore that decision and drink sufficient alcohol to exceed the legal limit, would a subsequent and equally responsible decision not to drive be at risk of a similar change of mind? [/quote]Those who are paragons of virtue and rectitude I'm sure will have never sallied forth with one plan in mind yet, by circumstance or seredipity, ended up following an entirely different one - others take it as it comes [;-)]

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Ernie, I'm no paragon of virtue and making snide comments like you have is just silly.  It's easy if you're a grown up making grown up decisions, you just decline, say no, make it clear you don't want to drink - trust me on this, I do it every day, did it when with friends for lunch and supper all day on Thursday, was out with J for a very nice celebratoty dinner last evening where she drank wine and I didn't, it's very easy and if you give in, you deserve to be nicked whether you have the keys or are driving. 

If you're so weak as to not be able to say no, unless somebody is holding you down and pouring the wine into your mouth, at some stage you have decided to change your mind if you then have a drink and it's then down to you, wholly and totally, don't blame the vaguaries of the law or have a pop at SD because you aren't adult enough to make a serious decision and then stick to it.

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I'm sure SD can speak for himself if he feels the need.

You don't know me so accusations of being "too weak" or "not adult enough" are vacuous.

Just for the record, whilst I may indeed have a couple of small beers or a glass of wine whilst driving I do not get drunk nor do I drive drunk or condone it, my argument was put in a hypothetical sense to highlight what I do believe to be a perverse factor in the law.

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It's not perverse at all, it's the law and that's all there is to it.  If you're so drunk that you have to sleep it off in the back of the car, it's likely to be 24 hours before you're actually legally able to drive.  So you wake up, still well over the limit but feeling better and decide to drive away when you're still over the limit.

You were suggesting that people can change their mind and 'succumb' in some way.  My point is that there is absolutely no need to change your mind, nor is there any need to have any alcohol with a meal, nice it may be and at home when not driving, not a problem at all, but it's not essential to have it.  All you have to do is to say "no" and there's never any question about your sobriety.

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[quote user="ErnieY"]Just for the record, whilst I may indeed have a couple of small beers or a glass of wine whilst driving I do not get drunk nor do I drive drunk or condone it
[/quote]

Sorry Ernie, to state the blindingly obvious you do drink and drive, you just hope that your minimal consumption doesn't put you over the legal limit.  Surely this isn't a debate about being drunk and driving but about drinking and driving?

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