Passengers drinking alcohol

cyrusdvirus · 15-04-2008 2:29pm

Black_Knight wrote: »

In my defence, she was hot. :pac:

was it worth it?;)

Black_Knight · 15-04-2008 2:31pm

gatecrash wrote: »

was it worth it?;)

No, I love my car, vodka on the gear stick, hand break, on me! I got a free glass outta it tho!

Steve · 15-04-2008 2:35pm

Phaetonman wrote: »

Whats with the horse references?

The PC brigade (aka high horses) usuallly jump on posts like your previous one and start shouting the moral high ground regardless of whether it's correct or not.:rolleyes:

Seems they are all on holidays though, must be some greater injustice happening on boards that's keeping them occupied.:D

Batesy · 15-04-2008 3:07pm

Interesting topic.

A question I often asked myself.
Lets say you're on your way home from work and stopped off the pick a couple of cans to have at home but I always wondered would it be ok to have one as you continued driving home. Suppose if you're under the limit it's fair game.

Turner · 15-04-2008 3:08pm

Batesy wrote: »

Interesting topic.

A question I often asked myself.
Lets say you're on your way home from work and stopped off the pick a couple of cans to have at home but I always wondered would it be ok to have one as you continued driving home. Suppose if you under the limit it's fair game.

Appears to be legal.

But if spotted and pulled over will undoubtadly get you arrested on suspicion of being over the limit.

Steve · 15-04-2008 3:18pm

Chief--- wrote: »

Appears to be legal.

But if spotted and pulled over will undoubtadly get you arrested on suspicion of being over the limit.

Can a Guard arrest someone without forming an opinion (breathalyser) that they are over the limit?

seamus · 15-04-2008 4:23pm

A Garda doesn't need a breathalyser to form an opinion that someone is over the limit.

They would of course have to give their reasons (stumbling, slurring speech, falling asleep, drinking alcohol), but there is no requirement to perform a breathalyser in order to take them down the station.

The breathalyser only has to be used before charging the person.

oleras · 15-04-2008 4:31pm

I have this really nice image of sipping a nice red with some cheese and crackers the next time im stuck in traffic

Black_Knight · 15-04-2008 4:37pm

oleras wrote: »

I have this really nice image of sipping a nice red with some cheese and crackers the next time im stuck in traffic

Think of all the crumbs though!

Turner · 15-04-2008 4:38pm

And if they want to breathalyse you they have to wait 20 minutes from the time of your last drink.

You would be required to stay there at the roadside for 20 minutes.

If you blew into the alcometer after taking one sip of beer it would come up an instant fail. The 20 minutes is designed to allow the alcohol in your mouth to dissipate.

Steve · 15-04-2008 4:39pm

seamus wrote: »

A Garda doesn't need a breathalyser to form an opinion that someone is over the limit.

They would of course have to give their reasons (stumbling, slurring speech, falling asleep, drinking alcohol), but there is no requirement to perform a breathalyser in order to take them down the station.

The breathalyser only has to be used before charging the person.

True but lets say someone has opened a can of beer on the way home from the offie and only had a few sips. They aren't obviously drunk i.e. stumbling, slurring speech, falling asleep, and if it weren't for the open beer can, they would not be given a second look.

Is the open can of beer enough to 'form an opinion' and therefore lead to an arrest?

Seth Brundle · 15-04-2008 4:44pm

It could lead to a charge of driving without due care or whatever but presumably not one for being over the limit.

gaz wac · 15-04-2008 4:55pm

Im 100% sure your allowed drink in your car. I came home from a club one night, hardly able to stand !! went into the house and got another can and got into the car ( parked on public road) and started to drink the can while talking to the gf on the phone. Cops came along and said " sit there and drink the night away, just dont put the key in, even to turn the radio on or we will do you, have a good night"

seamus · 15-04-2008 4:58pm

stevec wrote: »

Is the open can of beer enough to 'form an opinion' and therefore lead to an arrest?

That depends.....do you feel lucky?

Someone doesn't necessarily have to "drunk" to be over the limit. Let's say you're swigging on your beer and you accidentally pull out in front of someone at a roundabout. There's no accident, but the other guy has to hit the brakes.

Based on those two criteria alone, I think it would be reasonable for any Garda to "form an opinion" that you were over the legal limit for alcohol.

oleras · 15-04-2008 4:58pm

Black_Knight wrote: »

Think of all the crumbs though!

thats what battery car vacs are for

Hobart · 15-04-2008 5:02pm

Chief--- wrote: »

And if they want to breathalyse you they have to wait 20 minutes from the time of your last drink.

You would be required to stay there at the roadside for 20 minutes.

If you blew into the alcometer after taking one sip of beer it would come up an instant fail. The 20 minutes is designed to allow the alcohol in your mouth to dissipate.

I presume the 20 minute rule does not come into force when one is stopped for a random breath test?

oleras · 15-04-2008 5:05pm

Hobart wrote: »

I presume the 20 minute rule does not come into force when one is stopped for a random breath test?

It should, if you had just had a beer it would be on your breath, afaik they ask in the UK when you had your last drink and wait for the 20mins to be up. Dont think it happens here though,

Hobart · 15-04-2008 5:08pm

oleras wrote: »

It should, if you had just had a beer it would be on your breath, afaik they ask in the UK when you had your last drink and wait for the 20mins to be up. Dont think it happens here though,

Doesn't seem to make sense so. If you have just had a drink, and they breathalise you (be it random or not) you're giving a positive test. What's the point?

Turner · 15-04-2008 5:12pm

Hobart wrote: »

Doesn't seem to make sense so. If you have just had a drink, and they breathalise you (be it random or not) you're giving a positive test. What's the point?

If you failed it they would ask you when did you have your last drink. If you said 10 minutes ago they would wait ten minutes adn retest you.

yoyo · 15-04-2008 5:16pm

Ive consumed cans in the car as a passenger a few times, Am pritty sure its alrite...

Nick

oleras · 15-04-2008 5:16pm

Chief--- wrote: »

If you failed it they would ask you when did you have your last drink. If you said 10 minutes ago they would wait ten minutes adn retest you.

Is it the same for a cigarette ? can it throw the reading ? Seem to remember this being mentioned on an english cops type programme, road wars or something ?

Hobart · 15-04-2008 5:17pm

Chief--- wrote: »

If you failed it they would ask you when did you have your last drink. If you said 10 minutes ago they would wait ten minutes adn retest you.

Why not ask the question first?

seamus · 15-04-2008 5:19pm

Hobart wrote: »

Why not ask the question first?

The one and only time I got a random test I'm 99% sure she asked me if I'd anything to drink.

gaz wac · 15-04-2008 5:19pm

You defo cant be a drinking passenger in a company car in company hours!

Hobart · 15-04-2008 5:21pm

seamus wrote: »

The one and only time I got a random test I'm 99% sure she asked me if I'd anything to drink.

Not me,. and I've had 2. I presume it's at the discretion of the guard?

seamus · 15-04-2008 5:24pm

gaz wac wrote: »

You defo cant be a drinking passenger in a company car in company hours!

Actually, you probably can, depending on what your company does. But that falls under different types of legislation. A company vehicle is "business premises", so you can't smoke in it for one. Depending on your business/industry, Health and Safety regulations may prevent you from drinking on a business premises, which is why you wouldn't be allowed drink in the vehicle.

Steve · 15-04-2008 5:26pm

seamus wrote: »

That depends.....do you feel lucky?

Someone doesn't necessarily have to "drunk" to be over the limit. Let's say you're swigging on your beer and you accidentally pull out in front of someone at a roundabout. There's no accident, but the other guy has to hit the brakes.

Based on those two criteria alone, I think it would be reasonable for any Garda to "form an opinion" that you were over the legal limit for alcohol.

It'd be pretty dumb to enter a roundabout chugging a can of coke let alone a beer and would probably constitute careless driving.:)

What I'm asking is: in the absence of anything else would the open beer can be sufficient grounds for arrest?

I know the probable course of action would be to breathalyse and then arrest based on the result.

However, I'm interested in what would happen if the arrest was made on grounds of an open container of alcohol.
Even if the motorist was subsequently found over the limit at the station, would it not get dismissed?

seamus · 15-04-2008 5:31pm

stevec wrote: »

However, I'm interested in what would happen if the arrest was made on grounds of an open container of alcohol.
Even if the motorist was subsequently found over the limit at the station, would it not get dismissed?

That would depend on the judge really. Each judge would themselves have to decide whether drinking a can was sufficient grounds.

I'm inclined to think that if you are found over the limit, the judge will rule that your were correctly arrested. If you're not over the limit, the judge will probably say you were wrongfully arrested.

This is pie in the sky I think anyway. I'd be surprised if any Garda arrested based on that evidence alone - they would at least stop you and have a chat, maybe do a short sobriety test.

Steve · 15-04-2008 5:39pm

seamus wrote: »

That would depend on the judge really. Each judge would themselves have to decide whether drinking a can was sufficient grounds.

I'm inclined to think that if you are found over the limit, the judge will rule that your were correctly arrested. If you're not over the limit, the judge will probably say you were wrongfully arrested.

This is pie in the sky I think anyway. I'd be surprised if any Garda arrested based on that evidence alone - they would at least stop you and have a chat, maybe do a short sobriety test.

Agree, I was just wondering about Chiefs comment that they would undoubtedly arrest you.:)

Peleus · 04-05-2008 11:54pm

wil wrote: »

While I understand the relevent byelaws regarding excessive noise levels could be enforced whether I am in my car or my house, I am a little perturbed to learn that being naked in my own home may be subject to penalty. I realise it is probably in bad taste when the in-laws are visiting but surely in the private company of my spouse, could I not just get off with a warning?:D

And what are the stats for road deaths attributable to lack of garmentage?

you're not subject to penalty for being naked in your own home but. If you're standing in front of your window completely naked for everyone to see, someone can by all means complain to the police.
same as in your car, its fine to get naked (for example when getting changed) but if you're just sitting down completely naked for everyone to see, its probably indecent exposure.