Quote:
Originally Posted by Derek S
Without getting too much into it there are still some times discretion is used. It is pretty rare, Drink driving is one of the things most cops go out of their way to do someone for.
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Wouldn't expect you to have given much away but if you guys go the extra mile for drink-drivers then good on you
Quote:
Originally Posted by Derek S
You can be 'in charge' of a vehicle in a variety of ways. Say you are a cop on patrol in an isolated area and see a car parked up. You speak to the driver and he's stinking of drink but there is nothing in the car and no-one has seen him drive there.
You can't do him with drink driving so he is done with being drunk in charge.
Its also used for cases when someone is about to get in a car after leaving a pub, if they drive off and hit someone or get involved in a pursuit everyone would be lining up to have a go at the Police for letting them drive so when they get into the car with keys in hand they get lifted.
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Common sense then
Assuming the law with this is the same north of the border, say I've had a drink and am probably over the limit. I walk back to my car but I intend to sleep in there and not actually drive it. On another assumption that by the time I wake up I'm under the limit - what then? Would I get arrested for simply staggering back to my car with keys in hand?