Joined on 10/04/2005
Small village in the Dordogne, near St Cyprien
Posts 2,121
Re: Drunk in charge
Back in the 1970s I arrested a doctor under S.6 of the 1960 RTA for being drunk in charge as he was on the ground by the side of his car, drunk as a skunk with his car keys in his hand. He had every intention of driving his car but was so p****d he'd more or less passed out before he could actually get into it but I wasn't going to take a chance.
Yes, in France you can be nicked for something similar but my understanding is that if you're on a camp site in a mobile home and settled in for the night, the G men tend to assume it's like your nest for the night and you're not going anywhere - being pragmatic, if you've paid for the stay in advance, it's unlikely that you'll be driving off.
But the latest DiC attack here, especially now the new brigade members have been drafted in for the summer which always means more roadside checks, is the morning after drivers who are still over the limit after a night's sleep, whether you're driving a car or a mobile home thingy. So if you've had too much the night before and you're over the limit when you set off the next day, in 24 if you get stopped and tested, prepare to loose your licence if you're still over the limit.
Should that not be "still significantly over the limit"?
I thought that the first tier of punishment was the loss of 6 points, if over a higher level of alcohol then it is a tribunal the next day and loss of permit, have I been misinformed?
I should add that it is of academic interest in my case!
Joined on 10/04/2005
Small village in the Dordogne, near St Cyprien
Posts 2,121
Re: Drunk in charge
AFAIK, in 24 if you get stopped and you're over the limit it's an immediate 3 month ban, higher over the limit can mean a longer ban, it's up to the Prefecteur. And of course, there's the fine/fines.
Tony F
Joined on 05/12/2006
Mer du Nord/W of Cahors (46)
Posts 7,528
Re: Drunk in charge
It always struck me as perverse and potentially self defeating that simply being drunk in the car whilst in possession of the keys is effectively regarded as the same offence as drunk driving. A person could ask themselves 'if I'm going to get done for it anyway what's the difference if I drive then' even if it were only round the corner to find a quiet spot where there was less chance of being discovered..
If you did happen to get a bit tipsy and decided to sleep it off in the car where is the harm and surely that is more an act of responsibility than the opposite ?
A case of guilty until proved innocent !
When everybody is saying the same thing it's usually time to ask if they know what they are saying.
Joined on 05/12/2006
Mer du Nord/W of Cahors (46)
Posts 7,528
Re: Drunk in charge
Perhaps not but depends largely on ones level of drunkenness I would say.
If for instance I went out one evening with no intention of drinking but for one reason or another had a couple of glasses I might think myself not in the least bit drunk yet could still possibly be over the limit so by making a responsible decision not to drive but to spend a few hours asleep in my car I'm considered as guilty as the next man who has driven his car whilst smashed out of his head.
Not quite my definition of fairness or justice. When everybody is saying the same thing it's usually time to ask if they know what they are saying.