Question: If you have been drinking one night, you then sleep in your car with your keys in your pocket... can they pull you up for drink driving? I understand if they are in the ignition whilst drunk, you can be done. I also understand sleeping in your car is illegal.

If you have access to your keys, whilst you are drunk and in the car they can charge u with drink driving.

Just hire Johnnie L. Cochran.. oh wait...

If sleeping in your car is illegal why would you risk doing it while drunk?

Just jump in the trunk and rig it so the lid won't latch.

I also understand sleeping in your car is illegal.

It is? What if you're homeless and own a vehicle?



last edited by CHUB at 22:51:47 21/Nov/06

I thought it was sleeping in your car, on Public Space...

Also: Yes to OP. They can book you.

mate was done in the states for this. its probably illegal, bit if the cops not a f*** wit they will prolly just give u a warnign.

illegal to sleep in a car?
so what are you meant to do at rest stops? practise staying awake?

Thats BS if sleeping in your car is illegal.. I mean, so much for that whole 'stop, revive, survive' thing then huh?!

EDIT -

That's retarded, 'stop, revive, survive' isn't even about taking a nap but rather having a short break drinking tea and coffee...

http://www.rta.nsw.gov.au/roadsafety/advertisingcampaigns/driverfatigue.html

Seriously, if your f***ing tired then your got to sleep.

last edited by Ecstasy at 00:23:46 22/Nov/06

I was told (by a cop) that if you're sleeping in the car with your keys on you, you're still technically in command of the vehicle and can get in trouble. If you're at a friend's place, stash the keys in their house somewhere. I heard they can bust you for camping without a permit anyway, but it depends on the cop afaik.

just stash em under the seat

wrong wrong WRONG!

You can legally sleep in your car if you have been drinking and you have the keys on you. It's a common loophole that the police don't like people to know about. It's like saying that cause you own a gun, that your going to kill someone or break the law. Remember, burden of proof an all that??? "Sorry officer, I was waiting for a taxi/mate to come pick me up an was a bit worried for my safety when some aggresive people were around so I locked myself in my car"

Sure, they can try an charge you with intent, then you just state your case in court an it all goes away (provided that you aren't a dick about the incident at the time).

I'll take the word of a mate who is a cop down the coast on this one.

The law is, if you are drunk in the DRIVERS seat then you are legally in command of the vehicle and charged with drink driving.
I believe it doesn't even matter if the keys are in the glove box.

If you are asleep in the back seat even with the keys on you, you cannot be fined.

This is what I remember being told by police so *shrugs*.
I'm sure they probably could legally do you for it, however I imagine it would come down to whether or not the cop thinks you're full of s*** or not.

I guess the law is based on: there is absolutely no reason you ever need to be in the drivers seat drunk.
And you know what, it's true.



And as far as I'm aware there is no law about sleeping in your vehicle unless it was parked in a timed zone or no-parking etc. standard laws.
Else, every car parked on the street... ever.. would be breaking the law.

I was told that you just couldn;t have your keys in the ignition. My mates and i camped in our car for a week. Cops came - we were all drunk as and i was sitting in the drivers seat. They just said don;t put your keys in the ignition or you can get done for drink driving. He told me to put them in the centre console. Never said anything wrong with sitting in the drivers seat. Ow and they said not to leave the boot up. It was a station wagon. Can't remember what that was about - we were all blind.

Or maybe they were just being nice cause there were 4 lovely ladies in the car.

it has alot to do with the cop and how you act too

I did this not too long ago at uni, but being the crammer bum i am i don't remember much about it.

I'll go through my notes later and post up the relevent part to settle this once and for all.

it has alot to do with the cop and how you act too

drunk

arent you a lesbian velvet?

Or maybe they were just being nice cause there were 4 lovely ladies in the car.

/puts hand up for an invite on velvets next road trip.

arent you a lesbian velvet?

mmmm i'll get back to you on that one.




last edited by Velvet at 13:28:20 22/Nov/06

Be careful because if she doesn't get out of the car when you ask her you might have to call the cops.

i'm never gunna live that one down am i :P

Never :P

When I was drunk once I slept in my car and the keys must have fallen out down the side of my chair. I did not know this at the time. In my drunken state I must have put the alarm on in my car (which has motion sensors) and when I woke up in the morning I set off the alarm and I couldn't stop it, I didn't know where the keys were.

I wish I wish I wish there was a cop then to book me for drink driving, maybe he would have helped me find my keys :(

Ah well, it'll be a story for the grandkids. A pathetic relationship with a gloruis end :)

Well... I called the coppers then to find out the story. The first fella I spoke to didn't know, he then placed me on hold and went to speak a a sergent. The Sergent says "Put the keys in the console somewhere and don't sleep in drivers seat, sleep in your back seat. You must make it look like you have no intentions of driving". That should solve it :).. thanks.

i sleep in my car all the time if im to buggered to get out right away, quick 20 min nap here and there. :P

Ah well, it'll be a story for the grandkids. A pathetic relationship with a gloruis end :)

its ok velvet

we know who the problem is

Well... I called the coppers then to find out the story. The first fella I spoke to didn't know, he then placed me on hold and went to speak a a sergent. The Sergent says "Put the keys in the console somewhere and don't sleep in drivers seat, sleep in your back seat. You must make it look like you have no intentions of driving". That should solve it :).. thanks.

God dammit, I just called another station to verify, and the chick said "if you have your keys in the console, they are still accessible and you could drive away". So could still be charged. She said it basically comes down to how down to earth the officer is. How stuipds that, they should have set rules if you ask me :@.

lol chatlogs

(Parag0n): goon
(Parag0n): Scuzzy are you home
(Scuzzy): gronk
(Parag0n): http://qgl.ausforums.com/index.php/439207?agn=thread&id=2483449&startid=20
(Parag0n): can you do me a favour ok please
(Parag0n): post this in that thread for the OP he seems to be confused i want to help him
(Parag0n): It is not an offence to be asleep at the wheel of your car while you are over the legal limit , even if the engine is running. However, it is an offence to start the motor of a motor vehicle while you are over the legal limit.
(Scuzzy): tl;dr
(Parag0n): f you are awoken by the police when sleeping in your vehicle, you do not have to submit to a breath test (unless you are then attempting to start or drive the vehicle, or you have been a driver when involved in an accident in the preceding 3 hours)
(Parag0n): and you are not obliged to accompany the police to any place. The police will usually ask what time you were last driving the car, as this information is requried to prosecute a drink driving offence.
(Parag0n): The police can not prosecute a drink driving offence unless they know when the driver last drove the car.
(Parag0n): cliffnotes; copy paste please
(Scuzzy): done

yeh that is dodgy. We are taught to take instruction from police those who know and uphold the law. Yet there seems to be so much ambiguity in what they say and how it is applied. I am all for police discretion in certain matters but when it comes down to something like this - you's think there would be more clear cut guidelines as to what is appropriate and what is not. You do what one cop says but then get done by another. silly.

Also, this may help.

http://www.aussielegal.com.au/informationoutline~nocache~1~SubTopicDetailsID~816.htm

last edited by Velvet at 23:05:28 22/Nov/06

crazy like a fox.

i believe paragon

My cousin was chaged with dui while sleeping under his car at straddie and he had his keys on him.