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Topic: The Law: Drinking & Sleeping in car with keys in pocket?
fpot
Posts: 13694
Location: Gold Coast, Queensland
Be careful because if she doesn't get out of the car when you ask her you might have to call the cops.
Velvet
Posts: 864
Location: Brisbane, Queensland
i'm never gunna live that one down am i :P
fpot
Posts: 13696
Location: Gold Coast, Queensland
Never :P
casa
Simes
Posts: 2051
Location: Brisbane, Queensland

When I was drunk once I slept in my car and the keys must have fallen out down the side of my chair. I did not know this at the time. In my drunken state I must have put the alarm on in my car (which has motion sensors) and when I woke up in the morning I set off the alarm and I couldn't stop it, I didn't know where the keys were.

I wish I wish I wish there was a cop then to book me for drink driving, maybe he would have helped me find my keys :(
Velvet
Posts: 865
Location: Brisbane, Queensland
Ah well, it'll be a story for the grandkids. A pathetic relationship with a gloruis end :)
Excruci@ting
Posts: 4948
Location: Brisbane, Queensland
Well... I called the coppers then to find out the story. The first fella I spoke to didn't know, he then placed me on hold and went to speak a a sergent. The Sergent says "Put the keys in the console somewhere and don't sleep in drivers seat, sleep in your back seat. You must make it look like you have no intentions of driving". That should solve it :).. thanks.
маvєяık
Posts: 4401
Location: Sunshine Coast, Queensland
i sleep in my car all the time if im to buggered to get out right away, quick 20 min nap here and there. :P
Spook
Posts: 17220
Location: Brisbane, Queensland
Ah well, it'll be a story for the grandkids. A pathetic relationship with a gloruis end :)


its ok velvet

we know who the problem is
Excruci@ting
Posts: 4949
Location: Brisbane, Queensland
Well... I called the coppers then to find out the story. The first fella I spoke to didn't know, he then placed me on hold and went to speak a a sergent. The Sergent says "Put the keys in the console somewhere and don't sleep in drivers seat, sleep in your back seat. You must make it look like you have no intentions of driving". That should solve it :).. thanks.


God dammit, I just called another station to verify, and the chick said "if you have your keys in the console, they are still accessible and you could drive away". So could still be charged. She said it basically comes down to how down to earth the officer is. How stuipds that, they should have set rules if you ask me :@.
scuzzy
Posts: 12458
Location: Brisbane, Queensland
lol chatlogs
(Parag0n): goon
(Parag0n): Scuzzy are you home
(Scuzzy): gronk
(Parag0n): http://qgl.ausforums.com/index.php/439207?agn=thread&id=2483449&startid=20
(Parag0n): can you do me a favour ok please
(Parag0n): post this in that thread for the OP he seems to be confused i want to help him
(Parag0n): It is not an offence to be asleep at the wheel of your car while you are over the legal limit , even if the engine is running. However, it is an offence to start the motor of a motor vehicle while you are over the legal limit.
(Scuzzy): tl;dr
(Parag0n): f you are awoken by the police when sleeping in your vehicle, you do not have to submit to a breath test (unless you are then attempting to start or drive the vehicle, or you have been a driver when involved in an accident in the preceding 3 hours)
(Parag0n): and you are not obliged to accompany the police to any place. The police will usually ask what time you were last driving the car, as this information is requried to prosecute a drink driving offence.
(Parag0n): The police can not prosecute a drink driving offence unless they know when the driver last drove the car.
(Parag0n): cliffnotes; copy paste please
(Scuzzy): done
Velvet
Posts: 866
Location: Brisbane, Queensland
yeh that is dodgy. We are taught to take instruction from police those who know and uphold the law. Yet there seems to be so much ambiguity in what they say and how it is applied. I am all for police discretion in certain matters but when it comes down to something like this - you's think there would be more clear cut guidelines as to what is appropriate and what is not. You do what one cop says but then get done by another. silly.

Also, this may help.

http://www.aussielegal.com.au/informationoutline~nocache~1~SubTopicDetailsID~816.htm

last edited by Velvet at 23:05:28 22/Nov/06
mongie
Posts: 3863
Location: Brisbane, Queensland
crazy like a fox.
paveway
Posts: 3883
Location: Brisbane, Queensland
i believe paragon
Denominator
Posts: 519
Location: Brisbane, Queensland
My cousin was chaged with dui while sleeping under his car at straddie and he had his keys on him.
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