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Originally Posted by Flyboy
Getting drunk and driving your car is not an error of judgement. It is a premeditated act.
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Thinking you are sober the morning after can be an error of judgement.
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Originally Posted by Flyboy
Would it not be for the police and CPS to prove that they were intending to drive? What is the penalty of being drunk in charge?
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No all they need to do is prove you were in charge of the car.
In or near car - Check
Keys on person - Check
And thats pretty much that. It's up to the defendant to show he wasn't going to drive the vehicle.
The penalties are very close to actual drunk driving, normally a disqualification.