Drink drivers face car crushing

[Flyboy]

Originally Posted by Derek S

http://www.dailyrecord.co.uk/news/sc...6908-21878719/



Deterrent or going too far?

It will only be used where they have a previous conviction or pending case for drink driving so they can't use the excuse of it being a one-off error in judgement.

Getting drunk and driving your car is not an error of judgement. It is a premeditated act.

[v0id]

Car siezed, yes but unless it's a right old banger it should be sold at a police auction rather than crushed

[Flyboy]

Originally Posted by Derek S

Probably unless you can prove you were not intending to drive.

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?

[Gary L]

Originally Posted by v0id

Car siezed, yes but unless it's a right old banger it should be sold at a police auction rather than crushed

Who gets the money?

[Flyboy]

Originally Posted by martyh

the way i see it is if someone can have their car crushed for unpaid road tax or no insurance,which does happen and the law considers a lesser crime than drink driving then why not crush the car ,i do accept that their might be reasons not to crush the car ,if for example the car is used by other members of the family

Or if the car does not actually belong to them.

[superbiatch]

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?

Which is no easy thing to do! Just this year I was so worried about a guy driving a car, I reported him to the police. I gave them a description, his car reg and vague idea which road he may have parked in (quite near to where I live).

A drunk polish guy answered the door and immediately the police arrested him for suspicion of driving under the influence. They said my description of him was near perfect, even though it was dark.

To cut a long story short, the CPS aren't happy to take this guy to court as they feel the police can't prove it was him in the car (obviously my description counts for nothing). I've since had to do an ID parade to see if i could pick him out (not sure how that got on) and it seems the case won't even make it to court.

The reason why I phoned the police in the first place is because he cut across a junction almost taking out a set of lights and then mounted a kerb. I do wonder how some police officers remain motivated at work sometimes, its a thankless job

[Flyboy]

How do you know he was Polish and why was it relevant to your post?

[Derek]

Originally Posted by Flyboy

Getting drunk and driving your car is not an error of judgement. It is a premeditated act.

Thinking you are sober the morning after can be an error of judgement.

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?

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.

[Flyboy]

So, if I am drunk and sitting in a pub garden/car park, I can be charged with "drunk in charge?" What is the mens rea?

[superbiatch]

Originally Posted by Flyboy

How do you know he was Polish and why was it relevant to your post?

I know he was polish because the policeman told me. Why did you not comment on me saying it was a man? Why do you question everything??

Anyhows, it is quite relevant because after admitting that he had been driving drunk on the evening - he later changed his mind after speaking to his solicitor, and decided he hadn't understood what the officer was asking him.

[Derek]

Originally Posted by Flyboy

So, if I am drunk and sitting in a pub garden/car park, I can be charged with "drunk in charge?" What is the mens rea?

Yes you can. Ignorance isn't a valid defence.

[Flyboy]

What is the probable cause? If I am sitting at home and had a couple of drams and I have my car keys in my trouser pocket, I can be done for being drunk in charge? Or is this just a n excuse for a police officer to exercise his powers, because he can?

[Derek]

Originally Posted by Flyboy

What is the probable cause? If I am sitting at home and had a couple of drams and I have my car keys in my trouser pocket, I can be done for being drunk in charge? Or is this just a n excuse for a police officer to exercise his powers, because he can?

Probable cause doesn't come into it. The offence is set out clearly in the Road Traffic Act and in upteen different case laws since the 60's

If you are 'in charge' of the car and drunk you are committing an offence the same as if you drive about with fog lights on in clear conditions, park on zig zags at crossing, don't have water in your washer bottle, have a loose battery or any other road traffic offence.

In your example if you were in the house with your car keys in your pocket then its a jump to assume you'd be charged. If you were walking down the street towards the car with the keys in your hand then it's likely you'd be having a quick trip to the station.

[Flyboy]

Originally Posted by Derek S

Probable cause doesn't come into it. The offence is set out clearly in the Road Traffic Act and in upteen different case laws since the 60's

If you are 'in charge' of the car and drunk you are committing an offence the same as if you drive about with fog lights on in clear conditions, park on zig zags at crossing, don't have water in your washer bottle, have a loose battery or any other road traffic offence.

In your example if you were in the house with your car keys in your pocket then its a jump to assume you'd be charged. If you were walking down the street towards the car with the keys in your hand then it's likely you'd be having a quick trip to the station.

Whose onus is it to prove intent?

Originally Posted by Flyboy

What is the mens rea?

The bit he's sitting on?