late 80,s or early 90,s a mate of mine who was living with his parents had a massive argument with them and stormed out, headed for the pubs where got ■■■■■■■ went home but his parents had bolted the doors so he couldnt get in a bit of shouting ect but he ended up bedding down in an old ford ■■■■■■ he was doing up, the car was on the road outside of his parents but was a basically a shell, no engine or transmission, neighbours had called police cos of the shouting and they arrested him, hes charged and convicted for being in charge of a motor vehicle even though there was no engine ect…
dle1uk:
late 80,s or early 90,s a mate of mine who was living with his parents had a massive argument with them and stormed out, headed for the pubs where got ■■■■■■■ went home but his parents had bolted the doors so he couldnt get in a bit of shouting ect but he ended up bedding down in an old ford ■■■■■■ he was doing up, the car was on the road outside of his parents but was a basically a shell, no engine or transmission, neighbours had called police cos of the shouting and they arrested him, hes charged and convicted for being in charge of a motor vehicle even though there was no engine ect…
That is complete balls if no engine as under law it wasn’t a “mechanically propelled vehicle” at time of the offence.
If your sleeping off drink in a car and your mate has the keys in his house you can’t be prosecuted period!!!
[/quote]
If your sleeping off drink in a car and your mate has the keys in his house you can’t be prosecuted period!!!
[/quote]
Incorrect
Drink drive legislation includes ‘driving or attempting to drive’ if you haven’t got the keys on you but you’re so trollied you’re sat in the driver’s seat going through the motions of trying to start the vehicle (because you’re too ■■■■■■ to realise you have no keys) you are attempting to drive and the offence is complete.
You do not need to be in possession of the keys to be convicted for drink drive
That is complete balls if no engine as under law it wasn’t a “mechanically propelled vehicle” at time of the offence.
If your sleeping off drink in a car and your mate has the keys in his house you can’t be prosecuted period!!!
[/quote]
think you will find this is complete balls…
especially as plenty of idiots have been convicted of stealing vehicles by means other then using keys and have been breath tested and convicted for drink drive as well as the theft of a vehicle…
Derf:
If your sleeping off drink in a car and your mate has the keys in his house you can’t be prosecuted period!!!
[/quote]
Incorrect
Drink drive legislation includes ‘driving or attempting to drive’ if you haven’t got the keys on you but you’re so trollied you’re sat in the driver’s seat going through the motions of trying to start the vehicle (because you’re too ■■■■■■ to realise you have no keys) you are attempting to drive and the offence is complete.
You do not need to be in possession of the keys to be convicted for drink drive
[/quote]
You can’t drive or attempt to drive if you haven’t got the keys even if slumped in drivers seat.
I can assure you the 1st thing the Police will do if coming across a drunk sleeping in car is find the keys.
If keys found its “drunk in charge” not “driving whilst under the influence”.
dle1uk:
That is complete balls if no engine as under law it wasn’t a “mechanically propelled vehicle” at time of the offence.
If your sleeping off drink in a car and your mate has the keys in his house you can’t be prosecuted period!!!
think you will find this is complete balls…
especially as plenty of idiots have been convicted of stealing vehicles by means other then using keys and have been breath tested and convicted for drink drive as well as the theft of a vehicle…
[/quote]
But they did have an engine in them!!!
Big Truck:
Derf:
If your sleeping off drink in a car and your mate has the keys in his house you can’t be prosecuted period!!!
Incorrect
Drink drive legislation includes ‘driving or attempting to drive’ if you haven’t got the keys on you but you’re so trollied you’re sat in the driver’s seat going through the motions of trying to start the vehicle (because you’re too ■■■■■■ to realise you have no keys) you are attempting to drive and the offence is complete.
You do not need to be in possession of the keys to be convicted for drink drive
[/quote]
You can’t drive or attempt to drive if you haven’t got the keys even if slumped in drivers seat.
I can assure you the 1st thing the Police will do if coming across a drunk sleeping in car is find the keys.
If keys found its “drunk in charge” not “driving whilst under the influence”.
[/quote]
My senario didn’t say the drunk was “going through the motions of trying to start/move vehicle” I simply said they were sleeping in car with no keys.
You can lose your licence for almost ANY offence.
This is all getting very confusing as to who is incorrect. What’s needed is a reference, with explanation if necessary, to the legislation as per le Francais above. I reckon if you were drunk on an electric bike you would be subject to the same penalties as being in charge of a cherry picker, both being mechanically propelled, but you cannot “get endorsements on your UK driving licence for a ‘drink cycling’ offence.”:- bikehub.co.uk/featured-artic … d-the-law/, nor can you be done for speeding on a bicycle, though that is of course usually rather moot.
As for being found guilty of being drunk in charge of a motor vehicle without an engine, this is obviously possible if one was e.g. being towed (depending on the interpretation of “motor vehicle”), but I find the above example to be preposterous (or they had a very poor lawyer) as, though the car might still have been classified as a motor vehicle, there was obviously no possibility, let alone intent, to drive it. Also this other forum thread seems to indicate you can’t be done for drunk in charge on private land:- pistonheads.com/GASSING/topi … eep?&mid=0
Héraultais:
You can lose your licence for almost ANY offence.
Your taking that completely out of context as you certainly can’t lose your licence if convicted of disorderl behaviour nor burglary etc etc etc.
Nor am I aware you can lose your licence for careless driving/failing to obey a traffic signal/driving with defective lights/no insurance etc etc etc.
Big Truck:
Héraultais:
You can lose your licence for almost ANY offence.Your taking that completely out of context as you certainly can’t lose your licence if convicted of disorderl behaviour nor burglary etc etc etc.
Nor am I aware you can lose your licence for careless driving/failing to obey a traffic signal/driving with defective lights/no insurance etc etc etc.
You can for no isurance and any other points based offence
nosmaster:
Big Truck:
Héraultais:
You can lose your licence for almost ANY offence.Your taking that completely out of context as you certainly can’t lose your licence if convicted of disorderl behaviour nor burglary etc etc etc.
Nor am I aware you can lose your licence for careless driving/failing to obey a traffic signal/driving with defective lights/no insurance etc etc etc.
You can for no isurance and any other points based offence
Yes but you gotta reach the 12points threshold first,
you won’t lose licence for no insurance if its your 1st offence.
dieseldog999:
Roymondo:
trevHCS:
I can’t say for sure, but pretty sure if you’re caught riding a bike under the influence it can affect your driving licence, odd as it might be.Not only odd, also incorrect. Riding a pedal cycle while unfit through drink or drugs is a specific offence but has no effect on your driving licence. In order to impact on your driving licence, it has to be a mechanically propelled vehicle - i.e. one with an engine or motor of some sort. If you were caught driving an electric mobility scooter while ■■■■■■ then that could well result in disqualification (even though most mobility scooters are not “motor vehicles” they are still “mechanically propelled vehicles”).
as far as im aware,you can quite legally refuse a breath test if your on a pushbike,though if you take it,they can use it against you in court.if you refuse,they cant . this might help out the occasional lycra boy if he has an extra pint of scruttocks old original organic boogy juice to help wash down his free range nut cutlet and lettuce risotto.
When being charged with ‘unfit…’, technically there’s no need for a breath test, as the Police will usually be considered as expert witnesses. Although an actual test result removes the need to rely on this assumption.
It’s when the charge is ‘over the prescribed limit’, that a test, or a refusal is required.
SiAmon:
dieseldog999:
Roymondo:
trevHCS:
I can’t say for sure, but pretty sure if you’re caught riding a bike under the influence it can affect your driving licence, odd as it might be.Not only odd, also incorrect. Riding a pedal cycle while unfit through drink or drugs is a specific offence but has no effect on your driving licence. In order to impact on your driving licence, it has to be a mechanically propelled vehicle - i.e. one with an engine or motor of some sort. If you were caught driving an electric mobility scooter while ■■■■■■ then that could well result in disqualification (even though most mobility scooters are not “motor vehicles” they are still “mechanically propelled vehicles”).
as far as im aware,you can quite legally refuse a breath test if your on a pushbike,though if you take it,they can use it against you in court.if you refuse,they cant . this might help out the occasional lycra boy if he has an extra pint of scruttocks old original organic boogy juice to help wash down his free range nut cutlet and lettuce risotto.
When being charged with ‘unfit…’, technically there’s no need for a breath test, as the Police will usually be considered as expert witnesses. Although an actual test result removes the need to rely on this assumption.
It’s when the charge is ‘over the prescribed limit’, that a test, or a refusal is required.
There is no such charge as “over the proscribed limit”.
The charge at any Police custody suite WILL be either “drunk in charge” (IE being found sleeping in car with keys in ignition) or “driving with excess alcohol” (IE being involved in road traffic accident and breath sample taken at scene by Police).
Perhaps that’s the case in NI.
However on the mainland;
RTA 1988 Sec 4, covers whilst unfit.
RTA 1988 Sec 5, covers over the prescribed limit. Which was amended in 2014 to lower the limit in Scotland.
The full legislation can be viewed here.