dns
New Member
Hi,
I was arrested a few nights ago and charged with being drunk in charge of a motor vehicle.
Here's the story...
I have a history of depression and unfortunately end up using alcohol as a means to "escape" (both things that my doctor is treating me for). The other night, when visiting my girlfriend, we had a huge row and I was feeling rubbish. I ended up grabbing a crate of beers from the local shop and sat in my car in her garage to collect my thoughts. She kept bothering me so I backed the car out of the garage (I'd only had a single can of lager at that point so was perfectly legal) and closed the door. I sat in the private lane (ten-foot) at the rear of her house and consumed my case of lager.
My girlfriend and a friend were really concerned about me (I tend to react irrationally when depressed, especially after drinking) so she called the police. She was completely unaware, as I was, that I was in fact committing and offence. She's a doctor so knew that if she called the paramedics for me, they'd ask for police attendance anyway. I know she just wanted to keep me safe.
The police arrived and found me in my car. I told them what I was doing, that the land was private and that I'd not moved the car since drinking excessively. They told me that they couldn't be sure I wouldn't decide to move the car, so breathalised me and got a reading of 90mg/ml. They also told me that my case wasn't helped as the engine was running (it was very cold so I was running the heater) and apparently the brake lights were on (I guess this must have been force of habit on my part, using the pedal as a foot rest). I was taken to the local custody suite and charged the following morning with Drunk in Charge.
I'm really unsure how to proceed now, I've not got a serious record (just a minor conviction a few years ago for breach of the peace) so have have almost no experience dealing with this sort of thing. I am a respectable citizen and I hold a permanent job. My driving license is clean and my car has tax, insurance and MOT.
I don't understand how I can be charged with drunk in charge whilst on private land. It's an access to the garages behind my girlfriends terraced house. It's marked as private property and anyone who was there without permission from one of the occupants would be trespassing. The road is maintained by the property owners and the council have previously stated that it was private (when we asked for help dealing with fly tippers)
I'm also confused as to why I can be charged because there was a "chance" of me driving the car. In actual fact, it was parked in such a way that it would have proved pretty much impossible. The lane is round an extremely tight bend between walls and overgrown bushes. It's incredibly hard to negotiate the turn whilst driving forwards in daylight (over the years, my bumpers have scratches to prove it) and pretty much impossible in reverse (especially in the dark and without someone as a guide). I was facing away from the corner, so I would have had to turn around, something which is only possible in the garage, which was locked on an electronic motor (I had zero access).
Anyone know what I should do now? I keep looking at website and guidance, but it might as well be in Chinese... I'm completely bewildered.
Thanks
I was arrested a few nights ago and charged with being drunk in charge of a motor vehicle.
Here's the story...
I have a history of depression and unfortunately end up using alcohol as a means to "escape" (both things that my doctor is treating me for). The other night, when visiting my girlfriend, we had a huge row and I was feeling rubbish. I ended up grabbing a crate of beers from the local shop and sat in my car in her garage to collect my thoughts. She kept bothering me so I backed the car out of the garage (I'd only had a single can of lager at that point so was perfectly legal) and closed the door. I sat in the private lane (ten-foot) at the rear of her house and consumed my case of lager.
My girlfriend and a friend were really concerned about me (I tend to react irrationally when depressed, especially after drinking) so she called the police. She was completely unaware, as I was, that I was in fact committing and offence. She's a doctor so knew that if she called the paramedics for me, they'd ask for police attendance anyway. I know she just wanted to keep me safe.
The police arrived and found me in my car. I told them what I was doing, that the land was private and that I'd not moved the car since drinking excessively. They told me that they couldn't be sure I wouldn't decide to move the car, so breathalised me and got a reading of 90mg/ml. They also told me that my case wasn't helped as the engine was running (it was very cold so I was running the heater) and apparently the brake lights were on (I guess this must have been force of habit on my part, using the pedal as a foot rest). I was taken to the local custody suite and charged the following morning with Drunk in Charge.
I'm really unsure how to proceed now, I've not got a serious record (just a minor conviction a few years ago for breach of the peace) so have have almost no experience dealing with this sort of thing. I am a respectable citizen and I hold a permanent job. My driving license is clean and my car has tax, insurance and MOT.
I don't understand how I can be charged with drunk in charge whilst on private land. It's an access to the garages behind my girlfriends terraced house. It's marked as private property and anyone who was there without permission from one of the occupants would be trespassing. The road is maintained by the property owners and the council have previously stated that it was private (when we asked for help dealing with fly tippers)
I'm also confused as to why I can be charged because there was a "chance" of me driving the car. In actual fact, it was parked in such a way that it would have proved pretty much impossible. The lane is round an extremely tight bend between walls and overgrown bushes. It's incredibly hard to negotiate the turn whilst driving forwards in daylight (over the years, my bumpers have scratches to prove it) and pretty much impossible in reverse (especially in the dark and without someone as a guide). I was facing away from the corner, so I would have had to turn around, something which is only possible in the garage, which was locked on an electronic motor (I had zero access).
Anyone know what I should do now? I keep looking at website and guidance, but it might as well be in Chinese... I'm completely bewildered.
Thanks