You know that discussion a while back abour sleeping in cars?

While drunk.

Bingo - got me. I knew I was going to have a few drinks at the end of
the gig I was working on Sunday night, so I put the car in a private
carpark and went to work. I didn't have too mix the last band as they
had their own guy. Fine by, I'll just get pissed and go and sleep in
the car, get some breakfast in Salamanca and wait til lunchtime then
drive 45km home once I'm happy my BAL is legal.

3am I get a knock on the window which wakes me up. 2 cops there. I had
keys in the ignition didn't I? But I am not on a public road. I'm in a
private business's carpark. Nope still got booked. And as I was high
level reading had my driver's licence immediately confiscated and
can't get to court til March 7 to appeal or at least get a restricted
licence.

One of the most absurd things is the cops drove me back to the car to
go back to sleep (minus my car key).

Meantime I am working 5 nights a week, usually finishing around 1am.
There is no public transport to Jules' place at that time, and very
little even during the day.

Fuckety **** ****.

 

Sorry no sympathy
all it took was to hide the keys off your person

 

I'm with atec77 (I promise I won't let it happen too often.)

You knew enough to not take the risk of leaving the keys in the
ignition. Maybe you need to get counselling for being a serial loser.

Mind you, if you know how to mount a proper defence you should walk
away from this one in good very good shape indeed.

The trouble with people with a subconscious desire to be a victim is
that if they mount a defence it's often guaranteed to fail.
Self-fulfilling prophesies are a bit like that.

I charge $120 p/h for counselling the likes of you. Interested?

=================

Onya bike

Gerry

 

But I was on private property. Yeah OK, keys were in ignition but I
was nowhere near a public road.

Still think it sucks.

I had done what I thought was the right thing by parking the car off
the road. Had no intention of going anywhere. Mumph.

 

In aus.motorcycles on Thu, 27 Jan 2011 15:13:41 +1100

A first reading of the definitions says you are right *providing* that
parking area is not open to the public. If anyone can get there -
that is it isn't chained up or otherwise restricted - you might have a
problem.

If it used by 'the public' then it's a road related area. I suspect
customers of a business are 'the public'

Zebee

ROAD RULES 2008 - REG 13

What is a road related area
13 What is a road related area

(1) A "road related area" is any of the following:
(a) an area that divides a road,
(b) a footpath or nature strip adjacent to a road,
(c) an area that is not a road and that is open to the public and
designated for use by cyclists or animals,
(d) an area that is not a road and that is open to or used by the
public for driving, riding or parking vehicles.
Note: "Vehicle" is defined in rule 15.
(2) However, unless the contrary intention appears, a reference in
these Rules (except in this Division) to a "road related area"
includes a reference to:
(a) an area so far as the area is declared, under another law of this
jurisdiction, to be a road related area for these Rules, or
(b) any shoulder of a road, or
(c) any other area that is a footpath or nature strip as defined in
the Dictionary,
but does not include a reference to an area so far as the area is
declared, under another law of this jurisdiction, not to be a road
related area for these Rules.
Note: "Shoulder" is defined in rule 12.

 

I'd take it to court and argue you had passed out in the back with a mate who
was going to drive you home. For whatever reason he never showed.

Fraser

 

I've already given a statement to police that mentions nothing like
that, it'd look pretty suss if I changed my story I reckon.

 

Yeah, that is probably exactly what I have been done for. But does
that mean that I go to sleep in my front lawn at my own house with no
front fence, then I can done as well? Seems that is the case.

 

You broke the cardinal rule. Never say anything to the police without a
lawyer. I'd still go to court with your original story. It would have to be
prick of judge that suspends your licence for that.

Fraser

 

No you were not
the public had access as did the coppers so they have juristiction
unless otherwise signed and sealed ,next time hide the keys


Yeah OK, keys were in ignition but I

 

I think you'll find that all that is irrelevant because the laws related
to alcohol and vehicles are not restricted to highways and public
places.. at least in Victoria. I'd be very surprised if they differed
that much from state to state these days. These laws apply regardless
of the location, public road or behind a locked gate on private property.

Nev..

 

Have a look a this website. http://www.drink-driving-lawyers.com.au/

Not a Tas firm so they probably can't help you but there are links with
lots of info about decisions you have to make, and legal procedures etc
at the bottom of the page you'll probably get some value from reading.

Nev..

 

Oh dear... this may have sealed your fate.

Tell me, did you discuss your intetion to sleep it off in the carpark
with anyone PRIOR to doing it?

If so, did you mention this to the police?

=================

Onya bike

Gerry

 

In aus.motorcycles on Thu, 27 Jan 2011 17:05:59 +1100

Is your front yard generally used by the public to park vehicles? if
it is, then yeah.

If it isn't, then it isn't a road related area as far as that clause
is concerned.

I presume you can go to sleep in your car parked on someone else's
front lawn as long as it's not a regular thing....

Zebee

 

In aus.motorcycles on Thu, 27 Jan 2011 18:07:34 +1100

Austlii is being uncoperative and is either returning garbled
information or 404s


The only info I've been able to find is that the offence is "sit in
the driver's seat and attempt to put the car in motion" but that's
1999 and things may well have changed. The only changes I can find
there or on www.nsw.gov.au are amendments for zero alcohol for
learners.

Personally I wouldn't be surprised if Vic and NSw are different. Of
course it might be that court judgements have decided on a very broad
definition of both "driver's seat" and "attempt to put the car in
motion."

Kevin should look at the ticket and see the exact offence he's been
charged with.

Zebee

 

I don't care what everyone else says and I don't care what the law says.
If what you say is right you were doing the right thing and the cops are
a bunch of cunts.

I understand there are reasons for the law being that way, but there is
also the (apparently non-existent these days) idea of common sense and
discretion.

- soakes

 

When I posted a long time that I got hassled by the coppers when I had quite
a few beers and was sleeping in my car near Dandenong and told to go home,
most of the posters here ridiculed me and gave me enough shit to fill
Werribee twice,
Although I was parked on the side of the road a little bit different to your
episode
but, still with the same result

 

Kevin wrote -

Assuming what you are charged with is driving a vehicle while exceeding the
prescribed content of alcohol, then the position turns of whether you were
within the meaning of Div 14 of the Road Traffic and Motor Vehicle
Regulatory Offences ³driving a vehicle² and -

For the purposes of this division the definition of driving is operating or
being legally in charge of a vehicle.

That definition is surprisingly wide ­ assume you hear or feel your phone
ringing while riding ­ and you do the right thing, pull over into a safe
area well away from traffic, stop, take helmet and gloves off, put the stand
down but sit on the bike with the keys in the ignition and chat ­ you are
still legally in charge of a vehicle and using a mobile phone whilst
³driving² and guilty of an offence. On that basis many would agree with the
line from Thelma and Louise when Louise says -

³The law sure is one tricky sh*t huh Thelma?²

Evidence from you and anyone who can verify it that you had no intention of
operating the vehicle until your BAC was under the prescribed level may
assist. It may also assist if you can show you had the ability to get a
sober friend nearby to drive the vehicle where you wanted it to go if you
were not sober enough at the time you had to leave. The space inside a
vehicles can have other legitimate uses when not being used or intended to
be used as a vehicle, being a device intended for the carriage of persons or
goods.

It will be put against you that it was you were an authorised user of the
vehicle, you put the keys in the ignition, you were the only person with the
power to control when and how the vehicle was used.

As always free* advice is usually worth what you pay for it

*or threefiddyanakick, whichever is the less painful.

Best, Andrew

 

I'm pretty sure all of the state's drink driving laws were brought into
alignment a few years ago under the federal government push for tougher
road rules, and to such detail that where before 0.05 was legal in Vic
and 0.051 was illegal the law was changed to make 0.049 legal and 0.05
legal. I would be very surprised if such a miniscule detail was aligned
and a big detail like where the offence is committed was not.

Qld laws are identical to Vic.

Nev..

 

Could the car start at the time mentioned?
Can the police prove this?
OR did you leave the distributer cap or something in the bar, or did the
car have another fault that would have prevented you from driving that
you can prove?
Can you provide a reciept/quote that shows a repair required that
morning?

Maybe getting a room would have been cheaper.

Is there a point where being drunk would void ones statement?