Brun

The way I read is that he failed a roadside breath test but failed / refused to give a specimen at the police station...........

Shaun

 

Ahhhhhhhhhhh, i know you get an instant ban for refusing the roadside. Don't know if it's the same for the evidential machine - spose it should be really - anyone???

 

+1

Seems its not Plod whose stupid..........

As has already been posted, the offence is being in charge of the vehicle while over the prescribed limit.
Legislation applies to road or other public place.

Police's job to gather the evidence, CPS decison to prosecute if the statutory defence is raised, court's job to decide guilt.

 

i agree in thinking the law is being in charge of a vehicle whilst over the limit, ie keys on you, or in ignition is an offence,

but then as someone said, campervans ect on campsites, people drinking in them, they often need keys in ingnition for radios, ect - how do they stand technically?
are they subject to the same laws?

maybe legit camping sites maybe exempt, off road, ect, but what if just parked up for night at lake/loch side with family ect

 

Roadside refusal is arrest and down to the station to take the evidential test. If you refuse to take the evidential test then its charge andappear at court. If convicted, a mandatory ban. If you refused roadside and took the evidential test, you would be not be prosecuted for failing to provide at the roadside.

 

 

My mate Gaz got screwed over by the ploddies for a similar offence.

The *******s waited for him to put his keys into his car door and done him with intent...he was **** faced so probably deserved it lol

 

exactly!!

he has got off very lightly imho any other person would have got an 18 month ban for this offence

magistrates guidelines are 12 month for dr10 and 18 months for dr30

 

I suppose you could say the same for getting pissed while at home and the car sitting in the garage!

Difference is when you are away from where you are spending the night and then possibly might need to drive the car.

Les

 

As far as I understand it... He got pissed, was over the limit... Got in his car, still had possession of the keys..... He`s Stupid, should have known better.
Go to court and have the book thrown at him.........

I`ve no time what so ever for "Drink drivers" or Stupid people that go anywhere near their car after a skinfull.. (No matter what excuses they come up with after being caught in their car by the Police).........

The law is there to protect innocent people from ***** that drink and drive, the police were just doing thier job enforcing a law that is there to prevent someone being pissed, having a wee nap and then thinking he`s fine and driving.

I really hate folk that will argue, stand up for and make excuses for someone so stupid.....

Unless you actually have a soft spot for Folk getting in a car pissed and being in charge of it, it seems a bit daft to stand up for them....

 

Geez, I carry my car keys with the house keys. I regularly walk down the pub and have to return and walk up the drive past my car towards the house front door. I usually get the keys out as I approach the drive. To an onlooker I would be carrying the car keys towards the car door!

I'll watch out in future, you never know I could even open the car door and retrieve something I've left in the car from earlier in the day!

 

Technically if your cars parked on the road outside your house, and you and the keys are in the house - you're 'in charge'. That would make most of us drink drivers and therefore bad people?

You shouldn't be found guilty of an offence unless you are physically caught in the act, your intent is proven in court or you just don't defend yourself.

 

Pity about those you kill or maim before you get caught!

The whole point of the law is to try to prevent that happening.

Les

 

Unless you`re a total halfwit, the phrase "Going near your car after a skinfull" is a pretty clear as to what is meant.... But clearly after the Shpeeeeel you came out with just to make some kind of immature comeback proves halfwit is a good description....

If you get drunk, get into your car, have the keys with you... Then you deserve to get screwed over and banned. Cos only a Halfwit would do that.... "Is That What You Are?"

It shocks me to think just how many on this post are actually happy for someone to do this and looking to excuse him... Lets just hope and pray no-one here ever gets a taste of what it feels like to lose someone close due the the actions of Halfwits mixed with Drink and their cars

 

Nicely said Les.......

 

eiiyse mom