Quote:
Originally Posted by lra
"Lawyers in Queensland have suggested handing car keys off to sober people, or not sitting in (or sleeping in) your car while waiting for someone to pick you up, as ways of negating this issue."
So, if you suspect you are over the limit, lock your car, go to sleep on a park bench or in the gutter, get mugged, end up in hospital with your car stolen. But at least you will have satisfied the legal requirements. Far out !!
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There's a lot of misinformation and urban mythology around this one as well. The story usually starts with "A bloke at work's cousin...", or similar.
Whilst the above lawyer's advice is certainly sound, one doesn't actually need to go quite that far.
If you've had a few and you make the wise decision not to drive home, then whatever you do, don't go to sleep in the driver's seat with your keys in the ignition. That'll earn you an 'In charge' court appearance every time.
Hop in the back seat, put your keys under the seat or somewhere safe and you'll be fine. The general rule of thumb that police apply is whether you have the 'present ability to operate the vehicle.'
If you're sozzled in the driver's seat with your keys in the ignition, then you have that ability.
If you're asleep in the back seat and the keys are under the seat/in the glove box/console or whatever, then you obviously don't have that present ability.
It's common sense really. Otherwise every grey nomad asleep in their motor home after enjoying a bottle of red with dinner would be getting charged.
Hope this clarifies things a little.
Russ.