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hi all, would like to say hi to everyone before i start...
last week, i drove my car home from work, i picked up my friend, and we sat in my house getting drunk and watching the champions league - and my team get beaten
anyway, after a while, me and my friend decide to get a couple of cd's from my car - which i park around the corner from my house - as it is safer.
when we are there i decide to change from my working clothes into some more casual clothes which are already in my car.
as ive changed my clothes, i have a bit of a problem...im drunk, and i cannot find my keys...
ive changed into other clothes and i spend 20 mins trying to find my keys. me and my pal give up and we will go get another set of keys to lock the door. as we leave, a police van comes round and arrests me for beind in charge of vehicle while under influence
i am kind of cutting story short here. while in the van, my mum comes round (you cannot see my car from where my house is - so how would she know where to go, and if i was going to drive the car, then i would have driven it 20 mins ago....)
the police caught me outside my car with my pal, although when they searched me, i had the keys in my zip pocket which im still annoyed with
i was at court today, plead not guilty as they thought i was going to drive the car or else rob it -
anybody been in simlar posistion - and if so - should i get my name cleared?
The prosecution must convince the Court so that they are sure of the following things, in order for you to be found guilty:
1. that you were in charge of a motor-vehicle on a road; and
2. the concentration of alcohol in your breath, blood or urine exceeded the limits set by the law.
The prosecution do not have to prove you were “drunk” in the sense of showing the signs of being drunk or that your ability to drive would have been affected in any way.
When are you ‘in charge’?
* If you are the owner of the car, or you have driven the vehicle recently:
the Court will presume you are in charge unless you can show that you were no longer in control and that there was no risk of you resuming control while you were under the influence of drink or drugs.
* If you are not the owner or had not driven the vehicle recently the Court will look at things such as what you were doing, where the vehicle was and where you were in relation to it, whether you had a key, whether anyone was in the vehicle and whether there is evidence that you intended to take control of the car.
"(1) If a person— (a) drives or attempts to drive a motor vehicle on a road or other public place, or (b) is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
They presume that at some point you are going to get in it and drive. I dunno though, never happened to me. And this might have been changed recently.
anybody ever been to court? 
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