Am I breaking the law?....

The_Bullman

A few questions arising from Saturday night...

Is it legal to sleep in a car on private property?
Is it legal to sleep in a car on public property?
Is it legal to sleep in a car when drunk?
Is it legal to start the car to turn on the heater in same situation?

Am I drunk driving if I were to start the car, turn on the heater, lock the doors and sleep for a few hours?

I have been told that it can't be legal to do this, but my thinking is that it can't be driving if the car isn't moving. Thoughts?

Oh, I'd prefer not to hear anything about how it's morally wrong it is to do that, just would like to know how I can avoid breaking the law if it's impossible to get a lift/taxi home

Thanks for your time

Stephen

I think if you start the engine it counts as driving, regardless of whether you're going anywhere or not.

Illkillya

I could be wrong but I think it is illegal to sit behind the wheel when drunk... if that is the case, maybe a loophole would be sleeping in the passenger seat?

DaithiSurfer

I have an uncle who was asleep in his car in the car park of a pub.
He left the pub, decided he was too drunk to drive so slept in the car park.
In the middle of the night he was woken by guards who breathalysed him and did him for being drunk in charge of a vehicle (i think thats what the offense was called)

Anyway the engine wasnt on. The keys were in his pocket but he got done anyway.
12 month ban and fine, and has to do his test again.

Oh.. and its all over the local papers if it happens.

This happened in Carlow and was in the Wicklow people about 2 years ago.

Dr. Dre

Originally posted by DaithiSurfer
drunk in charge of a vehicle

I think this is the crucial statement here Bullman, I've heard of many people getting brought up for this, who were in the same situation as yourself.

Odd, but there you go.

TUTS

I have been to countless rallies where we have ended up sleeping in the car. Mostly
cause the driver or all of us were pissed. Never really had many problem from
cops. Although down in leap in cork there was a Garda who was edging along the
same lines of Drunk while in charge of a vehicle, all that was said to him was.... no
money left for accommodation or no pass machine for miles. Thats why we were
sleeping in the car. Then asked who was driving "ur pissed" was the usual
response. Just making the most of it cause i knew id be sleeping in the car.

Even if you went down to the cop shop and said you had no money for a taxi or b &
b, could you sleep there instead of the car 8 times out of 10 you would be told to
sleep it off in your car. Cause instead of them having to let you sleep in
reception/cell you can quietly disappear to your car.

Even as an example the rally of the lakes is on the weekend. Guaranteed if you walk around the carparks, side of the road....what will you see? People sleeping in their cars.

It all depends on the cop, the situation, and the first words that you happen to say...
If ur getting done for it ? Bad one !

Our man in Havana

There was a case in The WickLow People years ago about a man who was stopped for Drink Driving. He was well pissed. He was breath tested and arrested. Before the cops got to the car the man swallowed the keys.

The cops couldnt find the keys and they heldd him for the full 8 hours before having to release him. They were hoping for nature to take it's course. Which it didn't.

Case went to trial and he was aquitted because without the keys the Gardai couldn't prove he was driving.

Strange world.

Wavey

Hey bull,
What were you thinking?

It is illegal to be intoxicated while sitting in the drivers seat with the car keys on your person or the car running.
A friend was done for exactly that a couple of years ago.

So basically you can sleep in the car pissed but you cant have the heater on.

Unless you leave the car running and clamber into the back seat.

PS Keep away from White Russians/Zaytoon

Turner

As long as you have the keys on you or anywhere in the car you are "in charge" of it. So if you are drunk while in it you are drunk in charge...

Providing it is in a public place that is!!!.

ebowdia

If you were parked on a private campsite and were sitting in the car, in the drivers seat drinking, with the keys in your pocket could you also be done?

If so habits will have to be changed!!

Our man in Havana

Originally posted by ebowdia
If you were parked on a private campsite and were sitting in the car, in the drivers seat drinking, with the keys in your pocket could you also be done?

If so habits will have to be changed!!

Private property is still considered a public place if the public have access to it. EG a shopping centre car park.

Turner

Generally everywhere is a public place, excluding your home of course.

Villain

Originally posted by Chief---
Generally everywhere is a public place, excluding your home of course.

I heard this a while back in my local, not sure if it's true, but given the person who was meant to be involved it is possible.

A guy from the county of carlow, was driving home pissed one night and the squad car came along behind him, they turned on the siren and tried to get him to pull, he just kept driving until he pulled into his own driveway, he then stopped and rolled the window. The boys in blue came up to his vehicle demanding he get out, but he told them they were on private property and to leave, they argued for a while but he refused to get out of the, he told them to come back when they had a warrant.

They story went that he got off, I'm still not sure if it's true

Turner

You would have to get inside your halldoor. There is a part of the Road traffic act that allows them to enter your garden/driveway.

2) A member of the Garda Síochána may for the purpose of arresting a person under section 49 (8) or 50 (10) of the Principal Act, enter without warrant (if need be by use of reasonable force) any place (including the curtilage of a dwelling but not including a dwelling) where the person is or where the member, with reasonable cause, suspects him to be.


I would suggest though that trying to outrun a Gard is not a good idea. Probably only make them madder.

The_Bullman

Ok, so is it ok to sleep in the car when not under the influence of alcohol?-because I wouldn't fail the breathilizer test? But then I wouldn't be in control of the vehicle.

How would this cover people who sleep in campervans for example? Does it mean that they can't sleep in it when drunk?

Rabies

Originally posted by The_Bullman
A few questions arising from Saturday night...

Is it legal to sleep in a car on private property?
Is it legal to sleep in a car on public property?
Is it legal to sleep in a car when drunk?
Is it legal to start the car to turn on the heater in same situation?

I stayed in my car after a sat night a month or two ago. Pissed drunk. Was a cold night so started the engine for a few min, warmed the car up, switched it off and fell asleep. Was on the street next to the night club. Cops could have easily seen the car running. Remember thinking "fvck it i'm cold and i don't care if the cops come".

BabyEater

If i am sleeping in the car while pissed I usually sleep in the back seat and hide me keys in the car somewhere. This means I dont have the keys on me so I couldn't drive. The only problem i encountered is trying to remember where I hid the keys next morning.

unkel

Originally posted by The_Bullman
How would this cover people who sleep in campervans for example? Does it mean that they can't sleep in it when drunk?

Good point. Silly rule anyway. If you are not driving and not on the public road itself but in a car park, what's wrong with being drunk and even having the engine running?

Originally posted by BabyEater
The only problem i encountered is trying to remember where I hid the keys next morning.

LOL

Turner

Originally posted by unkel
Good point. Silly rule anyway. If you are not driving and not on the public road itself but in a car park, what's wrong with being drunk and even having the engine running?



LOL

Because alot of people would get into their car, stay there for about 3 hours until they think their fine to drive and then take off...

If you had drank about eight pints though realistically you would have to sleep there for about 12-14 hours!!.


Reminds me of the time i went to galway on the piss from cork. Could not find any accomodation so went on the piss anyway. Stumbled to where i had parked my car earlier and hopped in the back with the seats down and my feet in the boot. Of course when i woke up i realised i had parked right outside a shopping center (swan shopping ctr i think) and woke up about lunch time. There was millions of people walking around shopping/ talking to each other all around my car.

Thank god i had tinted windows!!! The head on me getting out of the back seat all dehydrated and rough looking.