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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69982
Experience:  Over 5 years in practice
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I got seriously drunk on Saturday and then remembered

Resolved Question:

Hello,
I got seriously drunk on Saturday and then remembered i had to be somewhere. So i went to my building's parking lot (private parking) and was meaning to drive. Someone shouted that he'd call the police if i got behind the wheel, i didn't pay attention to him.
I got behind the wheel, and turned the car around, only to realise that i was really too drunk to drive. So i turned the ignition off, opened the door and sat on my car's bonnet not intending to drive again. Five minutes later, the police swoop in, they breathalyse me (3 times over the limit) and then arrest me and take me to the can to spend the night.
Now i'm being charged with drunk driving, and the police are saying the eye witness is willing to testify against me. The court-appointed lawyer has advised me to plead guilty and to expect a 12-18 months driving ban.
My question is, how come am i charged with drunk driving if i willingly stepped out of the vehicle and sat on my bonnet and then they came and arrested me while i'm there and not behind the wheel? Should i contest the charges or take the lawyer's advice and plead guilty?
Thanks!
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is he giving evidence that you ran the engine?
Customer: replied 1 year ago.
Hi Jo, yes i believe he is
Customer: replied 1 year ago.
In truthfulness, i did run the engine to turn the car around, but there are no cctv in the parking
Expert:  Jo C. replied 1 year ago.
You have been told to plead guilty really because this is an offence I’m afraid.
Come what may, you ran the engine. That is sufficient to make out ‘driving’. There is case law on that point. If there were not a witness it might have been possible to put the Crown to proof but that doesn’t assist here.
In terms of the location being private land, that is always a defence and obviously I haven’t seen the location. However, I suspect they are saying that it is a public place. Clearly it isn’t a ‘road’ within the meaning of the legislation. It may be a public place though. A public place only means a location that a person can access in his capacity as a member of the public rather than as a visitor of the premises within. Even a thoroughfare or a right of way of some kind is sufficient.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
So do you advise me to please guilty or fight the charge? It's his word against mine and clearly the video log of the police officers shows me sitting on the bonnet as they came through?
Expert:  Jo C. replied 1 year ago.
It isn't his word against yours.
You accept his account. You cannot go to court and lie.
Jo C., Barrister
Category: Law
Satisfied Customers: 69982
Experience: Over 5 years in practice
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