Understanding 'Being in Charge of a Vehicle' When Drunk in the UK: The Legal Perspective
The term 'being in charge of a vehicle,' especially when drunk, is a phrase that can lead to confusion in the context of UK laws. This article aims to clarify the legal definition and potential scenarios where one might or might not be considered 'in charge of a motor vehicle.'
The Legal Definition
According to UK laws, there is no exact legal definition of what it means to be 'in charge of' a motor vehicle. This is interpreted based on the common understanding of the phrase. However, it is important to note that the laws stipulate that a person may be deemed not to be in charge if they can prove that the likelihood of them driving the vehicle unfit through drink or drugs is negligible.
Key Provisions of the Law
The relevant provision in the UK laws states:
“For the purposes of subsection 2 above a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.”
Case Scenarios
For instance:
No Keys: If you don't have the keys to the car, but are not the driver and are merely a passenger, you are not considered to be in charge of the vehicle. This is a clear case where the police might decide that you are not responsible for the act of driving. No Driving License: Even if you have the keys, having or not having a driving license is irrelevant if you are not fit to drive. If you can prove that you cannot drive, the likelihood that the car would be driven by you is minimal, thus not considered 'in charge.' Possessing the Keys: Having keys to a friend's car does not necessarily mean you are in charge, particularly if you cannot drive. The police may need to prove more than just keys, but rather a fair likelihood of you being the one to drive the vehicle.Interactions with the Police
Understanding the legal perspective is one thing, but dealing with the police is an entirely different experience. Officers often view everyone as potential suspects, regardless of their intent or actions. They may look for any reason to involve you in a legal issue. However, having a reasonable and credible story can help navigate this situation more smoothly.
Example Scenarios
For example, if a friend left you a car and left the keys in the car, especially if they were not in the immediate vicinity while you were in the car:
Continued Drive: If the friend left and you continued driving, you could be considered in charge. No Intent to Drive: If your friend left and you were not intending to drive but there were no other reasons to suspect you, the police might move on to find someone else to lay charges against.Conclusion
Being 'in charge of a vehicle' when drunk in the UK is a nuanced legal concept. The ultimate interpretation often depends on the circumstances and your ability to prove that you were not likely to drive the vehicle. Understanding the law and knowing how to present your case can significantly impact the outcome of a situation involving the police.
Related Legal Rights
Earlier this year, a minor legal update came into effect requiring individuals to carry their driving license and vehicle registration at all times. This law aims to provide clear documentation for law enforcement to verify identity and ownership. Familiarizing yourself with such changes can help you stay informed and navigate legal situations more effectively.