Can you get done for sitting in your own car while drunk?

slimjimmc · 12-10-2011 07:11PM

Rippy wrote: »

The 'intention to drive ' is totally ambiguous. Sure I intended to ( and did ) drive late the next morning. I had no 'intention to drive ' while intoxicated.
What if my intention to drive was in a weeks time?
Surely the meaning of the statute is 'Intention to drive' while over prescribed alcohol limit?
I just could not see such a conviction standing in am Irish court.
I would certainly plead not guilty under the circumstances given.

It's not ambiguous, an intoxicant is required and the legislation I linked previously clearly specifies the quantity limits and time limits.

rom · 30-10-2011 02:44AM

There is the gob****e who parks on the road outside my house for the last month. Plays music and drinks cans all night in the car and is hone in the morning. So rang the gaurds as he is taking the piss like. Think he has a hard on for your one living next door or something. The Gaurd said "Until he commits an offence they can't do anything." I repied "So you are tell me that sitting behind a wheel of a car drinking cans with the keys in the ignition is not an offence".

bath handle · 31-10-2011 10:19PM

rom wrote: »

There is the gob****e who parks on the road outside my house for the last month. Plays music and drinks cans all night in the car and is hone in the morning. So rang the gaurds as he is taking the piss like. Think he has a hard on for your one living next door or something. The Gaurd said "Until he commits an offence they can't do anything." I repied "So you are tell me that sitting behind a wheel of a car drinking cans with the keys in the ignition is not an offence".

Your point being?

harney · 31-10-2011 10:36PM

bath handle wrote: »

Your point being?

I took from that he has a hot next door neighbour.

Does it not take up to 15 hours for all the alcohol to leave your blood stream, or is that a myth?

castlepoint · 01-11-2011 12:13AM

Guy i know got done asleep in drivers seat parked in petrol station morning after while workmate went in to get coffee and rolls.

Zambia · 01-11-2011 12:33AM

harney wrote: »

I took from that he has a hot next door neighbour.

Does it not take up to 15 hours for all the alcohol to leave your blood stream, or is that a myth?

That would depend on the amount drunk.

But it would be a fair amount considering 1 Standard drink should be gone per hour.

So if in one hour you drink 15 shots of vodka. 15 hours later you should be right.

Of course other factors like weight, size food intake etc come into it.

Reloc8 · 01-11-2011 05:10PM

Delancey wrote: »

My understanding is that the keys do not have to be in the ignition to get you in trouble - mere possession of the keys is enough to land you in it .

Anyone able to confirm ?

Correct.

In a prosecution for S. 50 drunk in charge, it is presumed until the contrary is shown that the defendant intends to drive.

This is usually done by the defendant giving evidence as to his intention.

Things which bear on intention could be where the car was (outside the defendant's home/destination for the evening), where the keys were (in his hands, in the ignition, in the boot), the other circumstances of the case (engine running, accused in drivers seat, indicating to pull out versus engine off and no heat from it, accused in car, keys in the boot).

That's very much non exhaustive but clearly the closer the connection between the defendant and an act connected with driving the vehicle the more difficult it is to raise a doubt that he or she intended to drive.

As the caselaw shows, cases hinge very much on their particular facts.

tipper2001 · 01-11-2011 05:18PM

if your keys are in the ignition , then a garda can say you had the intention to drive, there reason is , if you had no intention why put the keys there, the worst thing you could do is be smart

Jkup · 25-09-2016 06:13AM

I know it's an old post but the law wouldn't have changed in 5 years if at all.

Say, I have a safety deposit box where I have locked my key in the trunk of my car. The safety deposit box can only be opened with my fingerprint and with a device measuring a safe level of alcohol in my blood. Is there a chance that there exists evidence in this case that I intended be in control while drunk?

Sono · 25-09-2016 07:31AM

Jkup wrote: »

I know it's an old post but the law wouldn't have changed in 5 years if at all.

Say, I have a safety deposit box where I have locked my key in the trunk of my car. The safety deposit box can only be opened with my fingerprint and with a device measuring a safe level of alcohol in my blood. Is there a chance that there exists evidence in this case that I intended be in control while drunk?

What?

nuac · 25-09-2016 11:23AM

Mod
Closing this thread because
1. legal positions may have changed
2. Some of the 2011 posters have closed accounts
and, btw, in this country we have Gardaí, not "cops" and certainly not "rozzers"
anyone interested may open a new thread

Can you get done for sitting in your own car while drunk?

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