[Susan]

I've read of a couple of people charged with drink driving just for having the keys of the car on them. They call it drunk driving but its really drunk in charge. If you have the keys, then you're in charge.

[Susan]

For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a [F1mechanically propelled vehicle] if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.

so in other words if he was found with the keys on him whilst sat in his front room with his pjs on then the likelihood he was going to use the car would be unlikely. In this case though he was out in the road with no one else, he more than likely drove the car there and was more than likely going to drive it again to get out of there.

p.s. that is the UK law I've quoted there but i'm guessing the usa law wouldn't be too different.

source - http://www.legislation.gov.uk/ukpga/1988/52/section/4

[Sharon]

Well that's different

[spudigitti]