Originally Posted by
FlexibleResponse
The case does raise an interesting point.
If you are walking out of a bar in an intoxicated state in the general direction of the car park, AND you have your car keys in your pocket...can you be found guilty of exercising the privileges of your car driving licence whilst in an intoxicated state?
Well in the UK if you then climb into the back seat of your car and fall asleep when drunk then you can be found guilty (a lawyer found that out the hard way a few years ago I believe) no matter how much you protest that you weren't going to drive it...
The words in the UK are "in charge of a motor vehicle". That could just mean "in the vicinity of". Essentially you have to prove you had no intention of driving it for the court to consider a defence. Always difficult to prove that you weren't going to do something...