DRUNK IN CHARGE of a motor vehicle and DRINK DRIVING OFFENCES | BlackBeltBarrister

Being drunk in charge of a motor vehicle is a different offence to drink driving and catches lots of people out. You don't have to be driving attempting to drive, or even in the motor vehicle to be drunk in charge or unfit to drive through drink. You could be next to your car, in the passenger seat, or asleep in the back. Drink driving is, of course, more serious, but both offences can have a devastating effect on your life.
RESOURCES:
www.gov.uk/drink-driving-pena...
www.gov.uk/government/statist...
www.drinkaware.co.uk/
DRIVING OFFENCES RESOURCES:
amzn.to/3nALH5n Portable Alcohol Breath Tester:
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[Remember, you retain all responsibility and liability!]
Drink Drive limits:
England, Wales and Northern Ireland:
The alcohol limit for drivers is 80 milligrammes of alcohol per 100 millilitres of blood, 35 micrograms per 100 millilitres of breath, or 107 milligrammes per 100 millilitres of urine.3
Scotland:
The alcohol limit for drivers in Scotland has been different to the rest of the UK since 2014. The limit is 50 milligrammes of alcohol per 100 millilitres of blood, 22 micrograms of alcohol per 100 millilitres of breath, and 67 milligrammes per 100 millilitres of urine.
(www.drinkaware.co.uk)
In most other European countries, the limit is less, usually 50 milligrammes per 100 millilitres of blood.4
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[@BlackBeltBarrister]

You may also like: Caught Speeding?: kzbin.info/www/bejne/qZPHdoSthciUqcU What is the Police Caution & Your rights on arrest: kzbin.info/www/bejne/bnjcqaGFnaZqh7c Trial by Jury: kzbin.info/www/bejne/nIvdooF6iquHa9E Freemen of the Land: kzbin.info/www/bejne/iZeqemiQhM2pgNE

[@jerrybootneck1736]

I used to do a lot of wild camping in my campervan and would often end the evening in a pub that would allow me to use the carpark to stay in over night provided I had a meal at said pub. I also used to ask the landlord to keep my keys in the pub over night and I did have a knock on my door late one night from the police who thought they were in for an easy catch but once they confirmed with the landlord my keys were behind the bar they had to walk away disappointed. I don't do drink driving even if it's just a single drink and taught my 3 daughters the same to never drink and drive.

[@i5gaming947]

Thanks for sharing this mate! I’ve recently invested in one and this thought did cross my mind but just assumed if you wasn’t in the drivers seat with the keys in ignition would be fine, good to know!

[@derekheeps1244]

AFAIK , the law is slightly different for caravans and camper vans , in that if you are pitched up for the night , you can have a couple of drinks without the presumption you are going to drive .

[@shaunhw]

Why would the police be disappointed on learning the law wasn't being broken? If they really were disappointed, what does that say about the police? In my youth I was breathalysed. In the car with me were three male pals who had quite a lot to drink, and the car reeked of it! "You've been drinking!" came the stern official voice as I wound down the window to speak to the officer in question, who asked me to get into the back of his police car to take the test, a now old fashioned bag blow. After learning it was completely negative, the officer smiled. I explained we each take it in turns to stay completely sober so we can drive our respective cars. The officer told me he wished more young men and women did that. Having to go tell parents that their young but adult offspring were seriously injured or had been killed due to the effects of alcohol whilst driving was by far the worst part of their job. I got back in my car after a thank you, a kind smile and a wave from the officer. It was clear that he cared about us. That was 44 years ago, but I've never forgotten it. I do hope good British bobbies have the same attitude as they did back then, when they learn that people aren't breaking the law, despite any initial suspicions they might have had.

[@CampervanTales]

We made a video about it With Easter only a month away, and people planning their trips away in their campervans and motorhomes, we wanted to give you a timely reminder about the law and drinking when in charge of a vehicle. The video we made isn't preaching, it is just a warning as to what could happen. We know that on Instagram links to KZbin video don't work. So the title our video that we would ask you to watch is Alcohol, Your Campervan And The Law kzbin.info/www/bejne/n3i2nXmml9p_n9k

[@yorkshireoutdoorsmen2746]

Fantastic videos This one in particular raised a concern for me. My brother and I often go to the coast in our campervan. sometimes at the end of the day we have a few beers (maybe one or two at the most) before bed time. We are not drinkers so I assume it would take less for us to be over the prescribed limit. My brother does the driving and it begs the question even though its a campervan, I guess this would mean he was "in charge" of the vehicle. Unless we could show no intention to drive which would be difficult other than saying so. A good point to remember for all those motorhome drivers out there For us.....No more night caps I think..

[@tonyfurneaux3399]

Good day Sir, sound advice as usual, love your channel, thank you for your time.

[@19sept76]

This vid is so good I could watch it in slow motion. Many insurances if not all will only pay out on third party claims and sometimes try to claim the money back off you.

[@whatlawisthat4295]

Appropriately filmed in front of a drinks cabinet

[@BlackBeltBarrister]

I wondered if you would notice! 😉

[@whatlawisthat4295]

@@BlackBeltBarrister Moët and a bottle of Veuve Clicquot behind it possibly My other half would help you with those for sure

[@BlackBeltBarrister]

😁👍

[@mibs8620]

LoL

[@christopherhines2718]

@@BlackBeltBarrister i noticed,and your lethal weapon hung under your tv,for self defence,should your home be invaded ,would you defend yourself,with that sword,if an intruder,with a weapon,could potentialy,over power you and do harm to you or your family?Yes or NO!?

[@davet9900]

I love the down ward progression this case takes as the video goes on...would like more of these

[@lippyfrybender4622]

The moral of the story is Not to leave the pub ! Cheers

[@BlackBeltBarrister]

I'll drink to that! 😂

[@bigbill74scots]

Outstanding as always 👍

[@BlackBeltBarrister]

Thank you so much 😀

[@garynoble4230]

As a truck driver this video reminded me of a dilemma I’ve heard for many years now, but have never heard a definitive answer for. Nearly all truck stops have bars serving alcohol, whilst no one is drinking to excess in these bars, people are simply having a few drinks with a meal or friends then retuning to their truck to take their daily rest, they may be over the limit on returning to their vehicle. How would this look in the eyes of the law? They are clearly in charge of the vehicle, but it’s also their home whilst at work.

[@misshgold]

Fantastic content 👌you sir are so knowledgeable. Thank you for sharing.

[@BlackBeltBarrister]

Thank you! 🙏

[@jonboy481]

really informative video.. thank you. one question though. how does the law stand regarding camper vans and motor-homes? if you park up and then have a drink, can you still be drunk in charge? or does the fact that the vehicle is specifically for sleeping in negate it?

[@craigross4971]

I actually got caught out a few years back of being in possession with intent to drive whilst under the influence. I was building a camper van at the time and on a very rare Scottish hot day I had a few beers whilst working on the van. Luckily, I filmed the whole process of the days work and also being a qualified joiner I challenged it and won my case.

[@mike_oflynn]

It's good advice. The problems that having a DR10 causes are immense. I would say that most people don't realise the consequences to relationships, finance, employment (even non-driving jobs) and much more. It actually results in a criminal record - I wonder how many people didn't know that.

[@mibs8620]

Good Stuff B, my guestion is tho? What if your keys to the vehicle are not around you at all? Say you hid them a block away or gave them to someone to hold? Is it still possible to be arrested or is it a factor showing you had no intent to operate in your present state of drunkenness? I mean no keys, no drive, no foul? Right?

[@richarddyasonihc]

I have been driving for over half a century, and never been charged, let alone found guilty of any alcohol related offences, Given that even when I started driving, it was considered a serious offence 6and technology had alrady provided the police with a (by today’s standards.rather rudimentary) bag device with crystals and a sort of balloon type polythene bag. Since then, the technology has changed.- and the limits lowered considerably. Many of my friends have been caught, often more than once. The consequences weren’t usually very serious.then, however one thing has not changed - I am glad you covered it. Nobody believed me when I told them about the consences of even having your keys with you. In the seventies I had a Land Rover, I had equipment it with a comfortable interior and used to climb into bed and draw the curtains after a party. I still had the keys, but they were hidden literally in the ignition. Those Landrovers had a central rectangular panel which housed the speedometer, instruments ant ignition lock. A small screw in each corner held it in place, in went the keys I could tell you some very funny stories about the high jinks of those days, but perhaps they would not be funny today! Interestingly the number plate was GAY 935 - It meant ‘fun’ or ‘happy’ then. I’ll be 70 in a couple of months, I now drive a Jaguar XJ which I probably shouldn’t - it’s capable of 1255mph, but amI? Life is still funny in a lot of ways.

[@Stuart_George]

Might be interesting to look at what is a 'public place' in terms of driving related offences. I believe it can be confusing to many as to where the courts deem public roads and public places to be. My limited understanding is that some places, such as car parks may not be considered 'roads', but are still considered 'public places' for the purposes of the Road Traffic Act. But, conversely, a car park attached to a members only club, or a pub which is closed is neither a road, or a public place. All very confusing, and may be worth examining.

[@derekheeps1244]

Also varies between Scotland and England

[@dazzthorpe]

I was aware of this law and so one evening after too much to drink, a friend and I hid the keys in the car in an attempt to circumnavigate said law. We were awoke the next morning by Two police officers. After about 2 hours of genuinely trying and failing to find the keys, we were drunk when we hid them, the police officers walked off laughing. We had to sit there for about 2 more hours trying to find the keys when we remembered the keys weren't even in the car, we'd hid them somewhere else. It worked 😎

[@robflynn509]

It's the quickest way to lose your job, lose your driving license, possibly lose your home and break down of relationships, not forgetting the every real possiblity of killing or seriously injuring yourself and or others.

[@jerry2357]

Another thing to be aware of is that if you drink a lot in the evening, you could still be over the legal limit the following morning. I was acquainted with someone to whom this happened.

[@BlackBeltBarrister]

Absolutely!!

[@inregionecaecorum]

Yes I am very aware of that, best not to if you have had a heavy night.

[@gordonlawrence1448]

Yep that's why I don't drive within 18 hours of drinking and 2 days if it's a proper session!

[@DutchSteamboat]

Good point - anyone visiting Australia, be on your toes (they have the low limit like Scotland).

[@seraphina985]

@@paulcollyer801 This indeed there are many factors known to affect the rate alcohol is cleared from the body. For starters, genetics have a role as there are multiple variants of the ADH and ALDH genes that code for enzymes involved in alcohol metabolism. The degree to which those genes are expressed also varies between age groups and between males and females, expression is also promoted by alcohol itself so frequent or heavy drinkers tend to express them more strongly though this may be negated by the next point. Alcohol metabolism is of course also affected both by the health of the individual in general as well as whether by particular preexisting health conditions particularly those affecting the liver including of course those caused by chronic excessive alcohol consumption such as fatty liver or cirrhosis.

[@i0i]

Lots of questions about campervans, and equally camping in a tent next to your car. The owner is always going to have the keys on them if going to the toilet block or returning from a pub/club house. We choose campsites close to pubs and will often spend an afternoon relaxing with a few beers. No intention to drive at all that day, but of course always in possession of the keys for security reasons. Could the intent not to drive be covered by a bag or tin that states "I do not intend to drive" on the outside? Could a steering lock demonstrate an intention not to drive? Removal of one wheel?

[@aaronbater3885]

Is this the case for a mobile home/ campervan aswell?

[@ZeusMegabeard]

Serious question; in light of recent events and how we’re not legally obliged to partake in any medical procedures/interventions and are protected by various international codes of ethics etc; does a drug wipe or breathalyser count as such and could a savvy barrister have “failure to provide” thrown out of court using the Nuremberg Code or similar for example?

[@sofa-lofa4241]

In the late 80's I went for a Friday night pint and there was a lock-in, so at 2am and 4 pints later I decided to sleep in the back seat of my car outside the pub, with my keys in my pocket, A copper woke me up at around 4am, and asked if I had my keys in the car, I said yes and he told me to sleep it off till 10am and if he came back around before then and my car wasn't here, I was in big trouble, I don't see much of that kind of reasonable thinking going on these days, no 'benefit of doubt' given... too many targets to reach

[@BlackBeltBarrister]

What an interesting story, thank you!

[@paulfaulkner6299]

And that is what I call *reasonable* application of the law

[@PORRRIDGE_GUN]

@@paulfaulkner6299 Correct application. You are unlikely be charged with drunk in charge of a motor vehicle, I would have thought. if the Officer has not witnessed you driving or seen you put the keys in the ignition, start the engine, put it into first gear and begin to move the car. Engine off and keys in pocket may be drunk in charge of a motor vehicle, an absolute offence, I believe but where is the actus reus? It's just drunk. CPS probably wouldn't proceed. But of course, the copper's witness statement might read that you were doing donuts in the pub car park and didn't have your seatbelt on. The Police do lie, you know....🙄 If they do, your next words out of your mouth after arrest and caution must be 'Please don't hit me again, Officer'🤣 I've been thinking about this. I can detach my fob from the key. So if I hid my key under a rock, but locked myself in with the fob, I'd be legal?

[@ivayloiliev4040]

Good information

[@Servicevelo]

Very good.

[@ultimatehandyman]

I must admit that I would not even have a single alcoholic drink if I was driving! In 2011 I lived in Cyprus for a few months, you could sit at a bar and drink 6 pints chatting with someone - then see them drive past you 😱

[@craigross4971]

Malta is still like that.

[@derekheeps1244]

I am of an age where I can recall the culture here in UK being much like that too : a pint at lunchtime , or a couple of pints after work then drive home was quite normal . These days , I might have ONE drink with a meal , and drive after an interval of time , but never if I felt in any way impaired .

[@robflynn509]

I can remember when the attitude was that if you were caught drink driving you were hard done by, rotten luck, bad luck, what b*****s the police were for catching and prosecuting etc etc . I think that's changed on the whole but there's still too much drink driving

[@djdidge]

Be great to hear thoughts specifically around motorhomes, where they are parked (even on a paid site) and having a few beers.... And the loopholes discussed on various forums such as putting keys in a locked box under the van "outside" etc..

[@rjones6219]

Yes I too would like to hear his view. Especially in consideration of RTW's points. As we know, official club sites usually have barrier controlled access. But not so for certified sites, and if RTW is right then it has very significant implications for Brit Stops which often include pubs.

[@petelattimer6808]

@@rjones6219 last i heard was that if the vehicle was adapted to be slept in, like a camper van, you CAN legally sleep in it as its living accommodation also. a car technically isnt MEANT for sleeping in.

[@sheogorathboon8256]

@@petelattimer6808 I have heard this also but as long as you cannot access the drivers area from inside the motorhome

[@rjones6219]

@@sheogorathboon8256 Good point, but that's the problem. With many motorhomes both front seats will swivel into the habitation area. There are many motorhomes based on the continental style, where the dining/seating area is 'L' shaped, and often a person will sit in either of those two seats. Just imagine, there you are having a convivial evening with friends, when Plod knocks on your door!

[@rjones6219]

@@petelattimer6808 Appreciate your point Pete. But there was a recorded incident of a couple who were staying overnight in a pub car park (with landlords permission). Whilst he went to the loo, she returned to the van and was done because she was sat in the passenger seat trying to climb into the habitation area. Just wish this barrister would look at this aspect and give some guidance.

[@BJ0BHAX]

I've just found this page. Fkn awesome. I don't drink as folks were heavy drinkers. It's the sin of the world.

[@thefrenchareharlequins2743]

Most nonsensical common law crime vs fairest strict liability offence:

[@gavin2678]

I have a question about cannabis. I suffer from ongoing pain management and I use it to help with this. Do you think the law will change in respect to the medical and growing for personal use , or is the law a blanket rule I never find a true statement to clear it up. I prefer this small amount of cannabis than the 30 plus pills I should take

[@tonystrange7224]

Never once had a drink while driving. Always have opted for a soft drink such as a coke. And for future I'd be interested in your thoughts on the US legal system. I know it is broadly based on our own, but their sentences are way more severe. Life in the US usually means just that plus a 100 years or so on top. Do you think they are too harsh? And thanks again for taking the time to share your knowledge. Appreciated.

[@PORRRIDGE_GUN]

Not a US citizen, but I know many ex-prison officers. Lifers are a nightmare in prison, because they can go a number of ways, none of them good. When they have no hope of release at all, they just don't give a fuck and will assault other prisoners and staff at a whim. Or top themselves the moment the staff take their eyes off them. We have relatively few lifers in the UK thankfully.

[@nickgrant8260]

What about the argument that if the courts take his driving license away it will put him/his family into abject poverty? Would you comment on the person (I think they are a photographer) that had something stupid like 30 points on their licence? P.s I'm not advocating this argument, I am my self a professional driver but just interested in the legal side of the argument. Love the channel and good to see it growing

[@imbonkers5259]

Yes judge does take that into account footballers have had points instead of losing license

[@manchannel7003]

Have you considered a video on what to do when you're arrested? What to say, what to ask for, what your rights are and what they mean etc.

[@emahs2707]

Was this mandatory sentencing?

[@Miles_Ahead547]

Dan , don’t forget the video your going to make ...”how the legislative law applies to me” ....a very important subject nobody seems to ask 👍

[@Michael-tq6xm]

you any good with perjury and how to report that to police when it has taken place at an inquest. please i ask humbly

[@BlackBeltBarrister]

You may have more success by having a lawyer write to them about it for you

[@per-ake]

How do these offences in particular drunk and in charge of a vehicle apply for example for people who live in their vehicles permanently ie vanlifers and motorhomers, whether they are parked in a pub car park or elsewhere and are in bed at the time of the knock and have no intention of driving.

[@BlackBeltBarrister]

The minimum would be to park on private land

[@modestadventurers]

Excellent video. Maybe a follow up video on holidaying in a motor home would be interesting. For example as the main driver could I demonstrate my intention not to drive after a tipple by giving my keys to someone else. Stay safe.

[@cliveadams7629]

Ha ha ha. I'll get some popcorn for that one!

[@getafix72]

I got a two and a half year ban for failing to provide a specimen even though i had agreed to at the custody desk twice , when the police came to my house and informed me they wanted me to go to the station i agreed to go with them quietly , i told them i was going to put my shoes on as it was raining outside , when i turned my back on the officers they attacked me i managed to calm them down but in the process of putting my shoes on they cuffed me and dragged me out the house with only one shoe on i had my other shoe in my hand , In the custody suite another officer continued to twist my handcuffs onto my wrists causing me unnecessary pain i asked him to stop doing this several times and could he please hold my arm if he insisted on restraining me further than was needed , on the way to the testing bay in the police station the officer twisting my cuffs twisted them again causing extreme pain to which i yelled out and called him a fucking prick and asked him to pack it in , i was then jumped on and dragged to a cell and thrown in there and put down as refusing to provide a sample I was denied access to a solicitor and even though i rang the bell in the cell to ask to provide the sample they had requested they refused to let me provide that sample and knocked my bell off i wasn't seen for 14 hours and provided no meals during my time in custody and i wasn't given a drink until an hour before my release , the magistrate district judge found me guilty , even though the witness the police used against me had been reported to them as a drug dealer which i did not know about at the time .

[@riggersHDFTW]

Very good advice, If your plan is to walk home does leaving your car parked away from the place you are planning to drink remove the intention to drive? If i am in possession of car keys far away from my car and I'm heavily intoxicated will this lead to me being charged with being in control of the motor vehicle

[@BlackBeltBarrister]

All a matter of degrees - the further the better but begs the question why not get a taxi or why park far away instead of getting an alternative.

[@riggersHDFTW]

@@BlackBeltBarrister Yes that's a very good point why not walk there in the first place if the plan is to walk back. Thanks for the reply!

[@BlackBeltBarrister]

👍

[@cypeman8037]

One of my favourite subjects, and one that the some police officers and the public can’t get their heads around. I believe its the one piece of legislation that has the most precedents.

[@1starshot]

A solicitor tutor on my ILEX course informed all students in the class that you could be charged if the police knocked on your door & you had the keys to your car in your pocket, but that's not public land. He also stated that if the gates to the drive were closed you could not be charged, only if they were open. Begs the question, what if the car was parked on the roadside outside your house but you were on private land?

[@dinosantos1049]

As much as I am now against drink driving in my younger years while on the doors of nightclubs. I did have a bit to drink I got in the car, pulled to the other side of the road straight across a Police T5. I had no licence, no insurance and was way over the limit. I decided to take it to court and to cut a long story short the judge apologised that he had no choice but I had to have points for no insurance. Mitigation is a great thing. No ban. Just thought this needed a different story than all the " I've never touched a beer and drove " good for you but it's a boring story guys. Black belt barrister if you want to contact me, I can give you my name at the time and you could look it up.

[@dutchyjamholland9296]

I would also think it prudent to have a separate set of keys, one for house and one for car / bike etc. So that you aren’t taking the same set of keys with you. If you intend to drink its best vehicle keys are locked away at home in a secure faraday box. There is also a long time required from drinking to clear it out of you system. So the next morning you are unlikely to be safe to drive either. A clear 24 hours is prudent from last drink.

[@paulcampbell6316]

Can you do one covering being drunk in charge of a bycicle, and the two categories of Ebikes ..15 MPH, and 30MPH.

[@gordonlawrence1448]

Many years ago I took part in a study at a university regarding drink driving. The test was to sip at one minute intervals an alcoholic drink till the breath alcohol reached 10 then do some reaction tests. IE hit button x when light y goes on. 3 buttons 3 lights. I was a regular drinker at the time but also quite fit (training hard 3 hours per day). Just that amount of alcohol increased my reaction time by 0.15 seconds if I remember correctly. By the time breath alcohol was up to 20 the difference was more like 0.4 seconds. Just to put that in perspective at 30MPH that is well over 5 meters of travel before reacting. That is easily the difference between killing someone and missing them completely. The other thing that the law does not take into account is how much difference the after effects make. IE your reaction times are still slower 36 hours later if you have had a real skin full.

[@BlackBeltBarrister]

Thanks that is fascinating and shows how important this is!

[@emjr369]

So if you don't have the keys you couldn't be charged for drunk in charge?

[@doglifehub]

A very popular question on all the camper van forums is - if you are parked up in a lay-by, with your bed set up and dressed in your night gear etc, would it be illegal to be drunk. It's a hot debate. I believe it's illegal but people say that the police will turn a blind eye, which I doubt - or the court would throw it out. I'd only ever drink when I was on a campsite or other private property, but people park up on streets and then go to the pub for a few hours before going back to the motor home. It would be a great video if you could make it. I'd be sure to share it around!

[@BlackBeltBarrister]

Thanks, I will do a video with my thoughts on this!

[@doglifehub]

@@BlackBeltBarrister that's fantastic! A lot of pubs also allow motorhomes etc to use their carparks overnight in return for buying food and drink from the pub. Lots of people do this and I also wondered if that would be a problem if the police knocked on the window during the night, even though it's a private car park.

[@derekheeps1244]

Equally , you could be wild camping , as is popular at the north end of Mull , where there is even a toilet block

[@jesselewis7641]

you said "thirdly had the intention to drive the vehicle", being asleep in the back seat surly says there was no intention?

[@mizterjones]

What if you blow over the limit? And my bloods come back under the limit?

[@PattayaBars]

At the police station I blew 36 which i thought was a ban however in the county i was in they allowed 5 mg over so it was 40mg in that county i was a very lucky boy .

[@b9y]

So what determines intention, and am I innocent until proven guilty or do I have to prove I have no intention, and if so how can one possibly do that? (minus the pre-book taxi etc). Like if I just want to sleep in my car surely that's my legal right, and if having the keys even in my pocket classes as being "in charge" then I could be 100 miles from the car and still be "in charge" of the vehicle whilst drunk right? It makes no sense.

[@terrygribb9185]

So I Park up have had loads to drink, decide to walk home have keys on me. Then get checked by the police am I still in charge of the vehicle...

[@BlackBeltBarrister]

Unlikely if you are clearly walking away from the vehicle in the direction of home. It would be a foolhardy police officer to question that!

[@terrygribb9185]

@@BlackBeltBarrister Thank you for your reply

[@jbutfc]

Cor Gareth Bale has been hitting the drink a lot lately. Didn’t know he was a truck driver

[@sameyers2670]

I agree about not consuming alcohol if you are driving

[@lusty444]

Top Tip:When you go down the pub in your car,drink so much that you can’t remember even owning a car! Apologies as I couldn’t resist that one!

[@hairadditions]

Any advice as if you are having a drink and sleeping in a motorhome?

[@BlackBeltBarrister]

At the very least, park it on private land!

[@DavidFraser007]

I heard a report of a soldier in Germany that took his campervan to a disco , parked it in the club carpark, got drunk and slept in his van. He was woken by the Military Police and charged with drunk in charge of a vehicle. The soldier insisted on a court martial and got a not guilty verdict.

[@madbikemike]

Would it make a difference if the van is set up for sleep, habitation (door) key different to the ignition key?

[@cal28kim]

Mr Bail fell out of his motor vehicle throwing a poorly redacted offering of my parents state of wedlock upon my conception sarge!

[@drewwyatt1274]

I was on a night out in Southampton many years ago, and one of my mates got arrested for drunk in charge of a motor vehicle as he had his keys on him. He pointed out his car was at home in Portsmouth, but was arrested anyway. He spent the night in jail and had to wait 12 weeks to find out if they were going to charge him or not.

[@PORRRIDGE_GUN]

Did they charge him? And if so, with what?

[@drewwyatt1274]

@@PORRRIDGE_GUN I believe he was charged with drunk in charge of a motor vehicle. I honestly can't remember if he was convicted.

[@XOX74]

I got caught over the limit 10 years ago...it was the night after the night before and I was still over the limit...just, my reading was 42 and my solicitor told me to plead not guilty as they let you away with 39 and they couldn't work the machine properly in the station...after 12 attempts they got a reading of 42 and told me I was very lucky! I didn't feel very lucky, but they let me go an hour later after passing....Anyway, I still look back on anger as the policeman who got up in court told a bunch of lies, I actually shouted out that he was lying and was swiftly told to be quiet by the judge! I turned to my solicitor and said, how is this right? he is blatantly lying, my solicitor turned to me and said " you've clearly never been to court before" He was saying I was driving erratically and dangerously....I was actually pulled over in a layby as my headlight warning light came on so I got out to look, that's when the cop car drove by then turned and came back 2 min later by which time I was on the phone telling my friend I couldn't come....they asked me why I was stopped....then they said it was illegal for me to drive with one headlight I explained it literally just happened he said they hear that one a lot, then they said under the road traffic act...etc etc...I blew and got a red fail. I've never been so disgusted at myself in all my life as I was in that moment. But in court, that judge telling me that the officers have a lot to remember and me shouting he is lying was as a result of me being " so inebriated" that I had forgotten what really happened! 🤬 The cop was reading out of his book! He was reading lies! It's sickening. Even when they drove my car into town....the cop driving me was keeping up with the cop driving my car...he was speeding, as was she...in a 30 zone, just under 50mph! So yes, I asked if this is legal for them to drive at this speed without siren ns etc....she said she is keeping up with her partner and told me to mind my own business as people like me make her sick! Awful was just awful...Guess karma will do what needs to be done...one can hope!

[@simonbirley4421]

Be interesting to see what the law will be on drink driving while using self driving cars.

[@BlackBeltBarrister]

Without having looked at it yet, I would say you probably say the same law will apply until the tech is approved otherwise!

[@rjones6219]

@@BlackBeltBarrister " Er yer can't blame me ociffer, I told the autopilot to turn left, he decided to go right"

[@numptynoonoos]

That's me sniffing corks out if the window then 🥺

[@goth_dude6874]

I have a question about camper vans , lots of people have a drink whilst using a camper we all know this is still a risk, if as I do I have a clutch lock which covers and locks all the pedals against theft , would this satisfy the court that there was no intention to drive a camper

[@BlackBeltBarrister]

It will ultimately depend firstly on the attitude of police, and your attitude with them, secondly, if it goes that far, on the facts and whether you can convince the court that you really had no intention to drive. Again, attitude goes a long way!

[@goth_dude6874]

@@BlackBeltBarrister yes I've seen videos on KZbin of vanlifers in lockdown getting daily visits from the police and they didn't bother them about drinking

[@noone5568]

Copyrighted laws...prescription

[@raykeogh1972]

My experiences? Many years ago on a winter night I was going through traffic light in a over taking lane. A female taxi driver with one passenger in the back seat was stopped inbreed the lights waiting to turn right as I was coming towards her. She turn right and just caught the tip of my back end. I believe but could not prove she was probably looking in here rear mirror talking to the passenger then turned not noticing me or thinking I would be turning left meaning she could go right.My car a black fiesta span many times in a circle and went into dual carriageway railings knocking my wind screen into a garden 60ft away. After I got out my car because I was trapped in, she was sitting on a wall alone and crying. I went over to her to see if sh was ok. She said yes and apolitically.I gave her a hug and told her it would be ok and told her to call someone to pick her up as I called my partner telling her I’d smashed her car up. The girls car 9 the taxi 0 was ok as she only clipped mine.8 court cases later. My solicitors after being fined twice for not turning up on 7 occasions sent me a 18 year old barrister who looked 15. When I asked why she was so late and we had been called 3 time she said the bus was late on questioning this she snapped and said ‘because I can’t drive’ how can you defend me if you can’t drive I asked? Simple the taxi was in the middle of the road it has to be her fault was the reply. Explain she had every right at traffic lights to be where she was and then accusing her off not knowing the Highway Code she snapped again but a guy told me last chance to come in. I found out it was the police who where prosecutors not the taxi drive and she had 5 witnesses it was my fault. 5 witnesses all told a different story how it happened 5 witnesses and not only did none of them get the colour of my car right but all said I was in different lanes and coming another was. I was pulling on the gown of my defender like a virgin does on a pair of knickers of his first girl. For everything they said was lies. My barrister kept saying it’s ok she was still in the middle of the road and repeatedly slapped my hands from her gown. As the magistrates went back into recess the police prosecutor apologised to me told me if this case had come to her first it would never of got to court but her job in court was to win. She turned to the taxi driver and said ‘ miss K you are a liar and so are your witnesses and she is lucky that she drives for a living then turned to me and said no court in the land would find you innocent because that would mean miss K would lose her license. You will get a small fine and be found guilty I am sorry to say and your barrister is a disgrace. I was fine £270 with 3 points on my license. 6 year later a guy come to work for me who worked for the taxi firm. I told him he is ok I won’t hold it against him for working there. He ask why? So I told him my story. He mentioned the girls name and I was amazed.he told me I had no chance because you solicitor was the same as the taxi firm and was told if he represents me he would lose the taxi contract he then went on to tell me nobody turn up in vCourt did they. There is my long boring story. You don’t get your trucker licenses taken away some other fool will take the blame like me. If you got this far I am amazed. Haha Ray K UK YNWA.

[@jonnamechange6854]

If she was indicating then I reckon you probably wouldn't have decided to overtake her taxi. She would have been over to the right side of the lane and you would have undertaken to the left side of her taxi.

[@briansaiditsoitmustbetrue4206]

Here is an idea... How about NOT drink driving and then you will NOT get caught for drink driving... Oh silly me!

[@andycleary6209]

What about Drunk whilst riding or in charge of a E Cycle or Scooter ?

[@numptynoonoos]

I've laughed my socks off watching someone cycling whilst intoxicated...that's pure entertainment...

[@andycleary6209]

@@numptynoonoos I'm laughing picturing that in my head.

[@BlackBeltBarrister]

😂

[@DavidFraser007]

@@numptynoonoos I fell over just pushing my bicycle after going to the pub. Happy days.

[@jimbaker4942]

That does sound very harsh to be charged/ convicted when you were not and did not intend to drive the car back from the pub. It’s almost like being punished for doing the right thing (that being not driving back home after a drink). It seems like being charged with speeding, but the only evidence is that you were in your car that ‘might’ speed in the future.

[@philippealexis]

I am not particularly impressed with the performance of lawmakers when the best they can do is to pen that kind of 'law'. "Being in charge of a motor vehicle" ??? I'll skip all the infuriatingly nonsensical scenarios showing how this 'law' is in direct opposition to 'innocent until proven guilty' and go with affixing to my car window (and keeping evidence of it) before dozing off: "To the police: I hereby declare there is *no likelihood* of my disrespecting The Law. I plan to respect The Law. That's why my sun shade is drawn across the windshield at night. And I have retracted my side view mirrors. And have my rear-view mirror misaligned for driving. And have parked (!) the damn thing. And am not in the driver seat, f*cker!!" The onus would then be on them to disprove that.

[@nonaknight9491]

Only one comment I can make untill that Katie Price goes to Jail. She apparently was drunk again when crashing her car, had taken drugs, then given a sentence that she was let off ‼️ One law for her & and another for the rest of us. Fact.

[@inregionecaecorum]

There are as with everything grey areas, I have on occasion had a drink in my home, then gone out to collect something which I have stored in the boot of the car. I need the keys to do that, but there is no intent and they are not going anywhere near the ignition. Here is a true story though, once upon a time I had a knock on my door. It was the police, they were asking me to move my car for some reason. I can't do that, I said, I have had a drink, would you take my keys and move it. The copper replied that he would rather I moved the car, as I was familiar with it and in his opinion I was fit to move it. It is a trap, you might think, he is after a conviction, he will breathalyse me as soon as I step out of the car, but honestly he didn't want the bother and risk of moving my car for me so he just overlooked that I had been drinking. I would guess technically we both committed an offence, but no harm was done. I would think motor homes are another grey area, though the drinking is likely to take place when parked on a proper site, and no one in there right mind goes out breathalysing campers on an authorised site do they?

[@ThePre82]

Similar rules for drugs ?

[@BlackBeltBarrister]

Yes absolutely!

[@christinecrockford1654]

I hate drink drivers. 20 years ago. My cousin was killed outright by a drink driver, she was young beautiful school teacher. We went to the funeral and then after to the wake in a pub. The men at the bar all saying what thed like to do to the drink driver and they all drinking around 5 pints of beer each and then left got in there cars and drove home. This made them just as bad as the guy who killed my cousin. I didn't drink on that day and even tho I enjoyed the odd drink, I have not drunk one drop of Alcohol since this happened. You don't need it. I'm very bubbly anyway and can have a fab time without needing drink when out. As u can prob tell who drives on nights out lol

[@lusty444]

What about a video on drug driving?

[@loc4725]

Don't forget to register those defensive black-belt skills with the police!

[@BlackBeltBarrister]

😁I spent many years getting those 6 golden Dan stripes!

[@rjones6219]

Er shouldn't that be "belt skills of colour"? :-) (No I'm not a wokerati)

[@paulfaulkner6299]

If you kill or maim whilst driving drunk, drugged or distracted by texting or otherwise manipulating a phone or similar; then aside of any custodial and financial penalties, you should never be allowed to drive again in this country. Only when the lifetime loss of the perpetrator's driving licence is introduced in legislation and applied by the courts will hard-core offenders and those indifferent to the right to life of other people consider their selfish behaviour because of its effects and affects upon themselves.

[@hughmungo-sarce7557]

More on the 'intention to drive' would've been helpful. How many hundreds of thousands of people every day with cars and motorhomes on campsites and holiday parks etc have their vehicles and keys with them whilst enjoying a holiday party? Are they all guilty under this law?!

[@jimdavis5230]

A drink driving conviction does not appear on your credit reference agency credit report. Therefore why does BBB suggest that such a conviction damages a credit record? I obtained a mortgage just after I got my licence back after a drink driving disqualification. In fact my mortgage was approved several weeks before I got my licence back. This being the case could BBB explain why he thinks that a drink driving conviction damages a credit record when clearly from my experience is doesn't. A drink driving conviction doesn't prove that a parson is untrustworthy with money so could BBB please explain why he thinks otherwise. I own my house outright, I own land in Wiltshire which I bought cash, I have never been convicted if any offence involving dishonesty of fraud. I have a good occupational pension for working as a professional for decades. However, despite these things BBB thinks I am untrustworthy with money. BBB obviously can't tell the difference between a trustworthy person and an untrustworthy person. Strange because a Barrister is supposed to be an expert at exposing an untrustworthy person and not confusing them with a trustworthy person. Sadly from BBB's comments in this video this is obviously not the case.

[@thatblokeinthehat1263]

I don't know if you've done it already, but can you explain to us Sec 50 Of the Police Reform Act and the power of the police to demand ID from members of the public?

[@cypeman8037]

Look up the act, it’s self explanatory, Netpol have a good explanation, link here: netpol.org/2013/05/03/your-rights-and-section-50-police-reform-act/

[@thatblokeinthehat1263]

@@cypeman8037 The link is appreciated. Is the use of a camera considered to be ASB?

[@cypeman8037]

@@thatblokeinthehat1263 I think a bit of common sense has to be used by the photographer because I can assure you it will not be considered by plod. The common sense approach is that you don't get in people's faces, don't peer into people's houses and don't go near schools and playground. The list isn't endless but can be twisted by plod to make your actions seem anti social.

[@Stuart_George]

@@thatblokeinthehat1263 The legislation does not define exactly what is, and is not ASB. It is simply defined as '(a)conduct that has caused, or is likely to cause, harassment, alarm or distress to any person'. If an officer reasonable believes (a higher threshold than reasonable suspicion) that a person has been acting, or is acting, in an anti-social manner, he can demand that persons name and address. In theory, if you refuse, the offence is made out. So it seems it is up to the officer at the time, then the courts. That's my understanding of it anyway. Not a great piece of legislation in my opinion, far to vague.

[@cypeman8037]

@@Stuart_George The meaning of anti social behaviour is defined, for this act, in Section 2 of The Anti Social Behaviour Crime and Policing Act 2014. The question to ask plod is : Are you making a legal determination that my behaviour is anti social? They may arrest you but that is designed to inconvenience you, a charge/ prosecution is unlikely.

[@ftrecordingstudio4034]

An example using Mister Coolio may userp the typical SL arguments

[@Normanskie]

Just the campervan wild camping problem.

[@Sython6]

Makes you wonder why people are stupid enough to drink and drive when it could cripple them in more ways than one, its really hard to fathom.

[@2spoons]

Might be worth week end cylists - cycling miles and stopping at a pub for a few drinks - cyclists are in charge of a vehicle - are they chargeable if over the limit and if so might be worth discussing this.... as is your bentley/yacht or private aeroplane covered when a cyclist hits your vehicle - I see alot of negativity about cyclists on youtube and people talking about not insured but many cyclists are ... (I think I covered more than one topic) sorry

[@henrytwigger2245]

Yet another thing which is supposedly a "crime" because it is declared to be a "crime", not because it has a victim, and malicious intent. That is why honest people reject the rule of "law".

[@henrytwigger2245]

Now imagine that you are going on holiday in a camper van, and you stay on a public camp site. Now, you are going to be a supposed "criminal" if you drink alcohol on holiday ?

[@paulnorton5670]

I fell backward into the road whilst getting into a car. everyone was laughing and joking about it. I drove everyone home and got home myself. To cut it short the POLICE saw the incident, Followed me around, asked me to get into the back of their car. they breathalyzed me TWICE both proved negative. Finally, they got hold of DVLA which told them of my disabilities. They let me out of their car and drove off at speed!

[@jasonleedham5678]

It seems the law is sometimes "over zealous " to allow common sense to be employed, and avoid tenuous excuses. We often meet at a relations house for a meal/drinks and leave our car at their house and walk home, surely that is acceptable, even though we have the keys on us? And have walked past the car......

[@PORRRIDGE_GUN]

This is why charging decisions are now solely the remit of the CPS. A true story. I witnessed this as a freelance journalist and photographer during the Timex strike in Dundee, 1993 a picket was charged with attempted murder of a policeman on picket duty. That much is true. What actually happened was a bakers van delivered hot pies and refreshments to the picketers. When they were done the van had to reverse out through a police cordon. The driver politely asked the police to stand clear long enough so he could reverse the van out and be away. The Police seemed to comply, but as he was reversing out, another copper, possibly a Sgt or Insp, wandered into the path of the slowly reversing van and it nudged the policeman. He wasn't knocked over or even, I doubt bruised, but he hauled out the driver from the cab and arrested him. The Police then charged him with attempted murder, and released a press statement, which of course fitted the right wing media narrative of all pickets are violent and striking workers are scum. Weeks later the carges were, unsurprisingly dropped, but the establishment got it's propaganda coup. Now if the PF (CPS equivalent) had charging decision, I very much doubt anything would have happened.

[@DrRevenantBlunt]

What about drunk in charge of a bicycle? Love the wine rack in the background there

[@MrRedeyedJedi]

Nope. Cycists are above the law and also don't have to pay for any lisincing on the roads, any tests, or insurance. Basically the law forgot about them. Although if you caused an accident on a bike and were found to be innebriated, you'd face the same level of bum spanking

[@DrRevenantBlunt]

Sounds like you need to get out that four wheeled monstrosity of a cage and buy yourself a bicycle since you're so sore about the so called advantages that come with being one of the most venerable road users. Plus, the exercise might do you some good.

[@MrRedeyedJedi]

@@DrRevenantBlunt assuming things? I own and ride a motorcycle, 650cc as well as a push bike. Lol.

[@MrRedeyedJedi]

@@DrRevenantBlunt I dont even own a car lmao

[@DavidFraser007]

I'd be interested to know about that, I used my bicycle in London and I didn't care about limits of alcohol. It would be impossible to revoke my driving licence as somebody could be cycling over the limit and might not have a driving licence. The same could be said about e-scooters.

[@tobeytransport2802]

That “in charge” law should be dropped... how stupid! How the hell is sleeping in the back of the car any different to sleeping in a bed!

[@BlackBeltBarrister]

Because it is too often used as an excuse to evade drink driving, which kills hundreds of people/year

[@moj6241]

Because in a bed you don’t have immediate access and the ability to drive a vehicle whilst still under the influence of drink

[@johnschlesinger2009]

Ok, let's do a reductio ad absurdum: I am at home, and over the limit. My car keys are in my home, so, technically, they are in my possession, which means I have committed an offence!

[@BlackBeltBarrister]

Nope, you’re not in a public place!

[@themoocher3029]

When you order Shaun Attwood of wish

[@christopherlewis3615]

Causally watching a cyclist ride by with no licence, insurance, mot or tax while being arrested for being over the limit with car keys in your possession 🤣. Worlds gone mad.

[@retroonhisbikes]

I like a gin and tonic or two. But not the night before an early start where i have to drive.

[@BlackBeltBarrister]

Good choice

[@benlowthorpe3753]

what if you have 1 corona on ya dinna brake and ur boss sacks u thats all i had all day i wasnt getting paid and away from work the contract state no drinking at work ... i wasnt ...and no excessive alchol in your system at work is 1.6 units excesive..... i can still drive plz help just lost my job

[@spectre2635]

and thats why you dont drink and drive

[@googleisshittoss]

Mr Bail has just clicked 'unlike' :)

[@19sept76]

I am so old I remember when Barbra Castle introduced the breathalyser in 1967 some people were shouting human rights and even being able to drive better after a few drinks.

[@sprinkz6187]

✌️😎 🇬🇧 👍✌️😎 🇬🇧 👍✌️😎 🇬🇧 👍✌️😎 🇬🇧

[@richardwebb9532]

So pre-crime is a thing in England? You might drive once you under the influence? Fascist much??

[@pilothobson]

Sir are the corvid laws legal.

[@BlackBeltBarrister]

Yes.

[@pilothobson]

@@BlackBeltBarrister Thank you sir.