Quote:
Originally Posted by Rover418275
Sorry, disagree, people have been prosecuted for drink driving when in their homes and the keys are within the property,
I am sure Raistlin will advise if I am wrong.......
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Mike, I've only just seen this
The comment you make above would only be valid in very specific circumstances, such as where the Police had reason to believe that the individual had been recently driving. For example, where they had followed a suspected drink driver and were not able to make a safe stop before the suspect parked and went indoors. and I suspect that the comment has been taken (not by yourself) out of context to suit a particular agenda.
The Police must have reason to believe that an offence has been committed and they would be required to justify that reason to their seniors, a Crown Prosecutor, and, ultimately, to a Court.
I have Police officers in my house on frequent occasions, sometimes in the early hours of the morning, when applying for warrants and although it would, on occasion, have been obvious that I'd had a drink, they would have no grounds to require a screening sample etc.
Further, you've met me on several occasions. Do you REALLY think that in the "real world", any prosecutor would dare to stand before my Bench and tell me that the defendant is charged as said, having been woken from sleep, on spec, and arrested for providing a positive screening sample whilst their car was parked in the garage / drive and the keys were found within the premises?
No, much as it is tempting to use as a comparison, in my view, any such comparison would be invalid