Some interesting points of view. Stuck in a ditch, you have to ask how they got there!
The most interesting comments above are gunhand's, #19 - and smallwoods #27.
Drunk people are not exactly rational and also may think they have sobered up, when they haven't. I'm not sure whether it was here or in the UK, (or both!) but the police breathalysed drivers on the way to work in the morning, who thought they had sobered up, but several were still over the limit.
I suppose I'm lucky I'm not a drinker either.
joanie04,
Nov 2, 10:41pm
Had check points in the morning at the beginning of our metal road, which is in the CBD of our town. I was stopped one night four times when they had a major checkpoint at the State Highway intersection just down the road. I was ferrying (to quote my daughter) the drunksters to their various residences.
esky-tastic,
Nov 2, 11:31pm
A predictably inane post that doesn't answer the op question.
esky-tastic,
Nov 2, 11:34pm
So what about 'attempts to drive'? The car doesn't need to be in many toon then.
mohaka,
Nov 3, 12:13am
think you also can have problems trying to getting insurance money,should you be in the vehicle over the limit,even if not driving.Heard of a case where the owner was sleeping it off in the back seat after a hard nite and someone hit/wrote off the parked car,no payout.
desmodave,
Nov 3, 5:38am
Don't spose they ever took the issue up with the insurance ombudsman then . Or there is more to the story than what you heard .
pauldw,
Nov 3, 6:28am
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11546719 "A man convicted of drink driving after being found in the driver's seat of his car, drinking a can of Cody's and listening to music with the keys in the ignition, has had his conviction quashed." Guy stopped close to home, went somewhere in another car, had been dropped off back at his car and was waiting for girlfriend to walk to the car. "In terms of the law, it really depends on the facts [of the case], because there's been instances where people have tried this defence but their car was found in a really isolated rural area, parked in an unusual position on the side of the road, and it's a long bow to draw to get a judge to believe that they got there by some other means,"
esky-tastic,
Nov 3, 7:36am
Take note of those last few lines gusthe1
dajoki,
Nov 3, 7:46am
It is against the law to thrash hobby-horses with big sticks.
ree6,
Nov 3, 7:47am
Car does not have to be moving or the engine running; if police have good cause to suspect you drove there (position of the driver, the car etc) or someone has potted the driver or it's been involved in other offences against the LTA 1998, then the driver or occupant is likely to be processed. If the police have doubts they can remove the keys to prevent the car being used for 12hrs; better that than having a fatal to deal with later.
LTA Section 11 Drivers not to exceed specified alcohol limits A person may not drive or attempt to drive a motor vehicle while— (a) the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 250 micrograms of alcohol per litre of breath; or (b) the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 50 milligrams of alcohol per 100 millilitres of blood; or (c) if the person is younger than 20,— (i) the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol; or (ii) the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol; or (d) if the person holds an alcohol interlock licence or a zero alcohol licence,— (i) the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol; or (ii) the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol.
ree6,
Nov 3, 7:49am
Can you please explain the "points" or whatever it's called now that police are so desperate for ? Bet you won't.
bumfacingdown,
Nov 3, 8:23am
"Whether it's legal or not for them to charge you they will no doubt try it." Its sad you actually believe that. As for the next sentence, well not much can be said
bumfacingdown,
Nov 3, 8:28am
Bet he can't
mrfxit,
Nov 3, 8:31am
The same system is used for banned/disqualified drivers. Basically, if you are sitting in the drivers seat & have the keys in the ign, you can be charged depending on the location etc. I have heard of ppl getting charged with disqualified driving just for sitting in their car with the keys in the ign parked on the road.
Eg: Who put the car on the road. Why are you in the drivers seat with the keys How did the car get to where the cops found you.
taipapaki,
Nov 3, 8:42am
The way I read that, the police would have to prove at least an attempt to drive was being made. Sounds like it would be quite defendable, especially if you were not in the drivers seat, but possibly even if you were. Sitting in the seat != an attempt to drive.
bumfacingdown,
Nov 3, 8:48am
Drunks regularly drop themselves in it and then forget they have
the-lada-dude,
Nov 3, 8:51am
What happens in a ' driverless car ' situation which technology appears to be coming head on
bumfacingdown,
Nov 3, 8:54am
Would it understand the shlured inshtrucshuns
berg,
Nov 3, 9:17am
I want to know about the "points" system too. Feel I might be missing out on something here
therafter1,
Nov 3, 9:34am
I have a fool proof system that has never failed me, I don't drink lol
lusty9,
Nov 3, 9:55am
My nephew was drunk and asleep in his car about 3yrs ago, with the keys in the ignition the police stopped and was speaking to him. My nephew claimed he was sleeping and that the car was broken down anyway so it couldn't go anywhere. They (police) tried to start the car to affirm his story and sure enough, no go, no fine and when they drove away my nephew went back to sleep woke up a few hours later, flicked the kill switch under the dash and off he went. lol
ree6,
Nov 3, 10:01am
Might be the same an the "bonus" he once claimed that police receive but, when challenged, was unable/unwilling to elaborate on.
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