Shackelele charged with Drink Driving

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Obviously goes without saying that if he want drink driving, well he is a bit of a bellend really isn’t he.

But, suppose he hadn’t and was in fact innocently sat in the car for whatever other various reason? The Vehicle wasn’t actually running therefore wasn’t being driven, in fact theoretically he could have had the keys in to power in up for the music whilst enjoying time with a loved one or friends at the nature reserve…

I am not making excuses for him in the slightest, however the earlier comment about how being caught in this situation can’t be argued I disagree with. Cars are media systems and the keys could have been in for that reason alone…. If the engine had been running then even if sat stationary you are bang to rights, but I don’t feel it to be a conclusive ‘collar’ on this occasion.

I suppose then I could have been done last week if that were the case. Skinfull on the Friday night I went out to scrape my sons car for him before he went to work the Saturday morning, started the car to get the blowers going whilst I hacked at the ice. No intention of driving obviously but I reckon I would have been over the limit and I suppose I was technically "in charge" of it at that particular time if the Old Bill were around!
 
Thought I'd check on the Harrogate dogging locations. The Fewston car park sounds promising but don't follow the instructions in that article as they'll take you in completely the wrong direction ;)
 
Interesting they haven’t charged with driving, so clearly could t prove he’d driven there OPL.
That means he could try the defence of no likelihood of driving…and make up any story he wants to say he wasn’t going to drive.

It’ll be 50/50 conviction
 
Interesting they haven’t charged with driving, so clearly could t prove he’d driven there OPL.
That means he could try the defence of no likelihood of driving…and make up any story he wants to say he wasn’t going to drive.

It’ll be 50/50 conviction

He doesn’t need to say he was never going to drive, he’s not defending that charge.

It does make me wonder the definition of “in charge of a motor vehicle”. What if he happened to be accessing the boot, or changing a tyre?
 
How many cars have an ignition these days? Surely that line of thinking must’ve been updated
Agreed. A footballer is unlikely to be driving around in anything other than a high end new car which wouldn't have an actual ignition to put keys into.
 

I’d have thought being intoxicated would be the last thing you’d want, if you need to perform with strangers watching.
 
He doesn’t need to say he was never going to drive, he’s not defending that charge.

It does make me wonder the definition of “in charge of a motor vehicle”. What if he happened to be accessing the boot, or changing a tyre?

Nope.
He just has to convince a magistrate there was no intention or likelihood of him driving through whatever means he wishes at the material time while he remained unfit.

He will hire a barrister to argue his case well no doubt.

The fact the car is where it is, away from his home and he’s sat in it over the limit will have been looked at, and therefore can only assume there is no cctv or other evidence that can prove how recently the car had been driven to the location found so that could be called into question and then roll back looked at.
Equally there may have been some receptacle from which he could argue he had consumed alcohol at that location after arriving there.

If found in a position of being in control of the propulsion and steering of the vehicle he could be considered to be “driving”…in the same way being stationary in traffic while using a mobile phone would be enough to say they are using it while driving. But he’s in a car park/parking space which a magistrate may consider therefore not to be driving…the fact he’s been charged as “in charge” rather than driving/having driven suggests the police/CPS don’t consider the evidence of that to be compelling enough and likely to be a successful prosecution.

In charge can ultimately mean anything and its individual circs will be fully considered by the court to decide guilt, and punishment if found guilty can be the same as that of driving.
But sat in the drivers seat, engine running, lights on, indicating to drive off would take some defending even if it doesn’t move.
 
Agreed. A footballer is unlikely to be driving around in anything other than a high end new car which wouldn't have an actual ignition to put keys into.
Unless you are dogging and don’t want to be recognised, so drive an older second hand one ?
 
my mate did similar laid on back seat sleeping it off still got banned, if he still lives in leeds job going as a driver
 
It’s very near his house, I’d imagine he was on the way home drunk and passed a police car so he panicked and quickly shot in the park thinking the police wouldn’t see him if they did turn around and look for him.
 
It’s very near his house, I’d imagine he was on the way home drunk and passed a police car so he panicked and quickly shot in the park thinking the police wouldn’t see him if they did turn around and look for him.
Just for the record, do you allow dogging in your drive?
 

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