Mate Caught Drunk Behind the Wheel...

SGKM · 22-04-2007 5:13am #1

Basically I was out in town tonight with the lads and 1 of the lads was working late so he decided to drive in. When the clubs closed we all left and another one of the lads who was hammered drunk went out into the car and started the engine. He was revving the engine and a garda happened to be cycling by and arrested him. He had a urine or blood sample taken ( I wasnt around to see which it was) in the garda station and if it comes back positive he'll have acourt appearence!!

Does anyone know what the proceedure is for this situation. Hes 20 and has no driving licience (not even a provisional), no insurance and he cant even drive ( but obviously the gaurds dont know this when they arrested him) and he was quite drunk. Does anyone know what'll happen in this situation? Or has anyone been in a similar situation before?

Thanks.

DublinWriter · 22-04-2007 6:18am

SGKM wrote:

Does anyone know what the proceedure is for this situation. Hes 20 and has no driving licience (not even a provisional), no insurance and he cant even drive...

Yes. The procedure is to get a good solicitor. He's got a really good chance of catching some jail-time for that idiotic stunt.

milltown · 22-04-2007 7:12am

I doubt he'll get a stretch but he may get a ban and find it very hard when he goes looking for his first insurance.

22-04-2007 7:20am

Was the car on the public road or in a private car park at the time??

The police have to prove that he was actually driving the car (or intending to drive) imho for a successful (drink-drive) conviction.

He will likely get charged with being drunk in charge of a motor vehicle, potentially lethal if he had accidently slipped it into gear while revving the engine.

patrickc · 22-04-2007 8:51am

what was he doing behind the wheel pissed drunk anyhow? your mate who owned the car should of had more cop on...

whippet · 22-04-2007 8:53am

as long as he is drunk and in charge of the car he can be prosecuted !

sitting in the driver sea, engine on and the car revving he is in charge of the car.

I know of people who have been on the piss and slept in their cars but were sure to be sleeping in passenger seat with the keys in the glove box

liamo · 22-04-2007 9:11am

Here's an excellent page explaining it all in detail.

As it says, drink driving is "An offence of driving or attempting to drive ....".

Car started and engine revving? I can understand why the Garda reached the conclusion that he was "attempting to drive".

To be honest, I don't understand why he hasn't been done for driving without a license and insurance as well.

BostonB · 22-04-2007 9:11am

How did he get the keys?

louie · 22-04-2007 9:49am

I think he is going to be in a lot of trouble over this stunt.

drdre · 22-04-2007 10:13am

he might get banned as the government are really putting there foot doen on drink driving.I know he didnt drive the car but he did have the ignition on.Thats like saying a drunk was at the traffic light and got caught.he will still be banned.
Anyway he deserves it as he shouldnt be drinking that much that he doesnt know whats going on around him.And you friend who owns the car was a idiot to give him the keys

drdre · 22-04-2007 10:18am

liamo wrote:

Here's an excellent page explaining it all in detail.

As it says, drink driving is "An offence of driving or attempting to drive ....".

Car started and engine revving? I can understand why the Garda reached the conclusion that he was "attempting to drive".

To be honest, I don't understand why he hasn't been done for driving without a license and insurance as well.

Thats an excellent site, gives you all the information about points etc.

SGKM · 22-04-2007 10:19am

Thanks for the advice, I know that it was an absolutely stupid thing to do! The guy who owned the car was just coming out of the club and another one of the lads who didnt get into the nightclub was sitting in the passanger seat, so when my mate who got arrested came out he just hopped into the drivers seat. I dont know what possesed him to start the engine and start revving it!

His dad had to come into town to collect him at 3:00. I havent been speaking to him yet today, but I'll let you know what happened when I talk to him later.

zAbbo · 22-04-2007 10:24am

Hard to know what he'll get, I bet he feels very silly now.

SGKM · 22-04-2007 10:44am

Just to clarify, the car was parked on the side of a fairly busy street. So I guess that makes it worse that if it was a private carpark. The guard just happened to be cycling by at the time along the side of the road.

mike65 · 22-04-2007 11:03am

He's fupped all ends up.

Mike.

Wishbone Ash · 22-04-2007 11:05am

SGKM wrote:

So I guess that makes it worse that if it was a private carpark

It not so much "makes it worse" as it wouldn't have been an offence at all if the car was on private property.

Stark · 22-04-2007 11:09am

He'd better get himself a damn good solicitor.

Wishbone_Ash wrote:

It not so much "makes it worse" as it wouldn't have been an offence at all if the car was on private property.

I thought private property was the same thing legally speaking as a public road if the public had access? Private property would have to be something like a farm for him to get away with it.

PS: Someone didn't get in so you left him waiting in the car while you all went inside instead of going elsewhere? Add "being a bad friend" to the list of charges

SoBe · 22-04-2007 11:14am

mike65 wrote:

He's fupped all ends up.

Mike.

that would about cover it

endplate · 22-04-2007 11:26am

I hope he get's nothing more than a fine and a slap on the wrist as I don't think it sounds like he had any intention of driving. The Garda was right to arrest him as there could have been serious consequences if he didn't as the garda didn't know him from Adam.

Hopefully the Judge will be sympathetic if the evidence shows that it was a prank gone wrong

Guy:Incognito · 22-04-2007 11:51am

endplate wrote:

I hope he get's nothing more than a fine and a slap on the wrist as I don't think it sounds like he had any intention of driving.

Theres no way to now that he wouldnt have gotten it into his head to "do a quick lap of the block" as a "mess". The law is at is it and it's an ofence.He shouldnt have gone near the drivers seat of a car when drunk, let alone one parked on a busy street in the middle of town.

Marcus.Aurelius · 22-04-2007 11:51am

endplate wrote:

I hope he get's nothing more than a fine and a slap on the wrist as I don't think it sounds like he had any intention of driving. The Garda was right to arrest him as there could have been serious consequences if he didn't as the garda didn't know him from Adam.

Hopefully the Judge will be sympathetic if the evidence shows that it was a prank gone wrong

Sitting in the drivers seat, car engine on, revving the engine. I think he had every intent to drive. He was hardly going to sit there and rev for fun. He probably was too p**sed to set off more quickly.

Thank God these people are being caught.

endplate · 22-04-2007 12:03pm

The op says he doesn't know how to drive plus he's 20 so understandably a touch of madness hit him a big mistake on his behalf. I agree with the garda arresting him as I've already said. But he's doesn't deserve a prison sentence unless he has previous motoring convictions

SGKM · 22-04-2007 12:28pm

I know how it looks to the gaurds and sounds but I can assure you that there was absolutely no intention to drive. He cant even drive. I'd say that he was only revving the engine to p1ss off the lad who owned the car!

maidhc · 22-04-2007 12:44pm

SGKM wrote:

Does anyone know what the proceedure is for this situation. Hes 20 and has no driving licience (not even a provisional), no insurance and he cant even drive ( but obviously the gaurds dont know this when they arrested him) and he was quite drunk. Does anyone know what'll happen in this situation? Or has anyone been in a similar situation before?

I am too tired and hungover myself to remember the precise legislation (s50 of the RTA I think), but forget making an issue of it. He was caught, and it has been argued ad naseum in the courts, even as far as the Supreme Court in DPP v. Byrne. Once you are in the drivers seat, pissed, with the keys in the ignition you are fair game.

Indeed if you sleep in the car, with the keys somewhere in car, you may also be validly prosecuted, as it will be deemed you were in control of the vehicle.

He will probably escape on the insurance and licence issue, as he was not actually driving. Tell him talk to a solicitor on monday morning.

pburns · 22-04-2007 2:41pm

DublinWriter wrote:

He's got a really good chance of catching some jail-time for that idiotic stunt.

I doubt it very much but he is gonna be made suffer...

The guard was doing his duty in arresting this guy but I do have a lot of sympathy. We all (or most of us!) do foolish things when we are young. TBH I was once in a similar position myself a good few years ago. Went out to my friends car to get a jacket. Sat into the drivers seat, realised I was pissed and could easily lose the keys. I remember consciously deciding to put them in the ignition:o so I'd know where they were while I stretched across to retrive what i wanted from the back seat. It was only a couple of seconds and I left the drivers door open. I didn't start the car nor had I any intention of doing so.

Who should appear only a guard!

I was REALLY lucky - managed to talk my way out of it (plus the guard got a call about a disturbance while he was questioning me).

What the guy did here was a bit worse - he had the engine started and was revving it. The Guard was 100% correct to arrest him. However, like I said I do have sympathy. It's a lose-lose situation for all involved.

Spitfire666 · 22-04-2007 3:31pm

he has 10 days to produce driving licence and insurance that swhy he wasnt done for that at the same time but he could well be done for that when the urine/blood test result comes back.

Rudolph Claus · 22-04-2007 3:45pm

Spitfire666 wrote:

he has 10 days to produce driving licence and insurance that swhy he wasnt done for that at the same time but he could well be done for that when the urine/blood test result comes back.

But can he be done for driving without insurance if he wasnt actually "driving". I know he can be done for being in charge of the vehicle as he was but could they get him with the insurance issues under that charge too?

antodeco · 22-04-2007 6:13pm

We all do things when we're drunk without actually thinking it through. I remember about 10 years ago I was drunk (not legless, but had a few drinks). It was the middle of summer and me and my mates were sitting on a grass verge beside a carpark. I hopped into my mates car and put the keys in the ignition to turn on the radio. Zero intention of driving as I didnt have a clue how to drive. Guards showed up as I was sitting in the car. Luckily, they went to my mates first, and didnt see me in the car. Hopped out and wandered up as if I was off somewhere. These things happen. Sometimes you get caught innocently, but personally if I wouldve seen ME getting into that car, I wouldve called the guards.

Jo King · 22-04-2007 8:14pm

A competent legal professional would ask the court for disclosure of the Garda evidence and make a recommendation on a guilty or not-guilty plea. They would also negotiate with the Garda about dropping the other charges in return for a guilty plea on the "drunk in charge". After that it will be a fine and a ban. A custodial sentence will not be imposed for a first offence in this kind of situation. the level of fine will depend on the judge and the view he takes of the situation. A competent legal professional will know how to pitch the story to the particular judge involved. Many people get themselves in trouble while drunk and some judges are more sympathetic than others. Some proof of learning from the experience will usually help.

Victor · 22-04-2007 8:33pm

Nuttzy wrote:

But can he be done for driving without insurance if he wasnt actually "driving". I know he can be done for being in charge of the vehicle as he was but could they get him with the insurance issues under that charge too?

Legally, parking is part of driving.

Wishbone Ash · 22-04-2007 11:18pm

maidhc wrote:

s50 of the RTA I think

Section 49

(Hence the reason why drunk drivers are sometimes referred to as "forty niners").

Mate Caught Drunk Behind the Wheel...

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