Drunk and sleeping in your car?

[axl]

Careful... for you might still be caught for "drunk driving"! Wow... how archaic a law this is.

Full article background is in today's ST, but can't find it online... so have to make do with: Chong Pit Khai v Public Prosecutor

"8 The appellant’s account of how he came to be arrested and charged was as follows. He was a full-time national serviceman, and had returned home from camp on the night in question. He alleged that he had bought a few alcoholic drinks from a nearby 7-Eleven store which he later consumed in his father’s car whilst listening to some music. He had not driven the car but had merely slept in it with the car engine turned off. The car was parked in a parking lot alongside a road. He further alleged that he had pleaded guilty to the s 68 charge because he thought that the offence was a minor one and he did not want the trouble of a trial which would require him to commute between his camp and the court.

9 The appellant’s account would suggest that he had not driven the car while under the influence of alcohol and this was consistent with what he had stated in his statement made under s 122(6) of the Criminal Procedure Code (Cap 68, 1985 Rev Ed) which he had made in the course of police investigations before he was charged. The s 122(6) statement was as follows:
I didn’t know it was a chargeable offense to be sleeping in a car under the influence of alcohol. I wouldn’t have do [sic] that if I knew earlier. Moreover the engine was off and the car was parked properly in my private apartment’s parking lot."

PropT care to offer any insight?

 

[edlms]

Re: Drunk and sleeping in your car?

sleeping in driver's seat = offence
sleeping in passenger seat = ok

interesting though why he was sleeping in the car when parked in private apartment's lot. how was he caught?

he bought drinks in 7-11, drove home, consumed in car, then slept?
IO probably did not believe his version of events which is why he proceeded with the charge.

cheers

 

[kenntona]

Re: Drunk and sleeping in your car?

sleeping in driver's seat = offence

What offence if the engine was off? Not driving, how to charge drunk-driving?

Drunk-driver-seater? Attempted DUI?

 

[Breyton]

Re: Drunk and sleeping in your car?

sleeping in driver's seat = offence
sleeping in passenger seat = ok

Didn't know that. So if say I'm picking someone up, I'm parked legally, said pickee is late and I decide to take a nap in the driver's seat while waiting - I am committing an offence?

Btw, saw your car in Torque. Nice article, pics and all....

 

[edlms]

Re: Drunk and sleeping in your car?

sleeping in driver's seat = presumption is that you are in control of vehicle, regardless of engine on or off. unless you can prove that car keys not with you etc etc... in my previous life, i'd gotten a client off in the past in a similar situation.

"in charge of vehicle" wording rather than "driving" wording.

B - context is when sleeping when intoxicated lah... not merely sleeping.

OT - thanks.

cheers

 

[edlms]

Re: Drunk and sleeping in your car?

relevant sections... especially s68 RTA

Section 67 provides as follows:
Driving while under influence of drink or drugs
67.—(1) Any person who, when driving or attempting to drive a motor vehicle on a road or other public place —
(a) is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of such vehicle; or
(b) has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.
(2) A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence for a period of not less than 12 months from the date of his conviction or, where he is sentenced to imprisonment,
from the date of his release from prison.
…
Section 68 provides as follows:
Being in charge of motor vehicle when under influence of drink or drugs
68.—(1) Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —
(a) is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of a vehicle; or
(b) has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine of not less than $1,000 and not more than $5,000 and to imprisonment for a term not exceeding 6 months.
(2) For the purpose of subsection (1), a person shall be deemed not to have been in charge of a motor vehicle if he proves —
(a) that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive or so long as the proportion of alcohol in his breath or blood remained in excess of the prescribed limit; and
(b) that between his becoming so unfit to drive and the material time, or between the time when the proportion of alcohol in his breath or blood first exceeded the prescribed limit and the material time, he had not driven the vehicle on a road or other public place.
(3) On a second or subsequent conviction for an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence for a period of 12 months from the date of his release from prison.
(4) Where a person convicted of an offence under this section has been previously convicted of an offence under section 67, he shall be treated for the purpose of this section as having been previously convicted under this section.

 

[PropT]

Re: Drunk and sleeping in your car?

Careful... for you might still be caught for "drunk driving"! Wow... how archaic a law this is.

Full article background is in today's ST, but can't find it online... so have to make do with: Chong Pit Khai v Public Prosecutor

"8 The appellant’s account of how he came to be arrested and charged was as follows. He was a full-time national serviceman, and had returned home from camp on the night in question. He alleged that he had bought a few alcoholic drinks from a nearby 7-Eleven store which he later consumed in his father’s car whilst listening to some music. He had not driven the car but had merely slept in it with the car engine turned off. The car was parked in a parking lot alongside a road. He further alleged that he had pleaded guilty to the s 68 charge because he thought that the offence was a minor one and he did not want the trouble of a trial which would require him to commute between his camp and the court.

9 The appellant’s account would suggest that he had not driven the car while under the influence of alcohol and this was consistent with what he had stated in his statement made under s 122(6) of the Criminal Procedure Code (Cap 68, 1985 Rev Ed) which he had made in the course of police investigations before he was charged. The s 122(6) statement was as follows:
I didn’t know it was a chargeable offense to be sleeping in a car under the influence of alcohol. I wouldn’t have do [sic] that if I knew earlier. Moreover the engine was off and the car was parked properly in my private apartment’s parking lot."

PropT care to offer any insight?

I think the RTA applies only on public rd, abit contradicting above. If it was really parked in his private apartment's parking lot unlikely he would be charge for 68

relevant sections... especially s68 RTA

Section 67 provides as follows:
Driving while under influence of drink or drugs
67.—(1) Any person who, when driving or attempting to drive a motor vehicle on a road or other public place —
(a) is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of such vehicle; or
(b) has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.
(2) A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence for a period of not less than 12 months from the date of his conviction or, where he is sentenced to imprisonment,
from the date of his release from prison.
…
Section 68 provides as follows:
Being in charge of motor vehicle when under influence of drink or drugs
68.—(1) Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —
(a) is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of a vehicle; or
(b) has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine of not less than $1,000 and not more than $5,000 and to imprisonment for a term not exceeding 6 months.
(2) For the purpose of subsection (1), a person shall be deemed not to have been in charge of a motor vehicle if he proves —
(a) that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive or so long as the proportion of alcohol in his breath or blood remained in excess of the prescribed limit; and
(b) that between his becoming so unfit to drive and the material time, or between the time when the proportion of alcohol in his breath or blood first exceeded the prescribed limit and the material time, he had not driven the vehicle on a road or other public place.
(3) On a second or subsequent conviction for an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence for a period of 12 months from the date of his release from prison.
(4) Where a person convicted of an offence under this section has been previously convicted of an offence under section 67, he shall be treated for the purpose of this section as having been previously convicted under this section.

I think edlms covered it all, this type of cases occur for the strangest reasons, the most common one is your friendly neighbourhood cop seeing you "unconscious" in your car, wake you up and discovered you smell of alcohol. :juggle:

So if you drink and wanna sleep, pls sleep in the passenger or rear seat. :screwedu:

 

[edlms]

Re: Drunk and sleeping in your car?

in this case, the inconsistency was between the charge and his statement. meaningless if the police don't believe your statement.

according to the report, the car was parked in a gazetted car park and not in a private car park...

people often are not accurate in their statements to the police... ha ha...

cheers

 

[Rastaman]

Re: Drunk and sleeping in your car?

Edwin is right..i know of a person who was jailed short time for such offence ..drunk and slept at traffic llight while waiting. wa lau fark !!! tp woke him up..the rest is history ...

 

[kenntona]

Re: Drunk and sleeping in your car?

Being in charge of motor vehicle when under influence of drink or drugs
68.—(1) Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —
(a) is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of a vehicle; or
(b) has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine of not less than $1,000 and not more than $5,000 and to imprisonment for a term not exceeding 6 months.
(2) For the purpose of subsection (1), a person shall be deemed not to have been in charge of a motor vehicle if he proves —
(a) that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive or so long as the proportion of alcohol in his breath or blood remained in excess of the prescribed limit; and
(b) that between his becoming so unfit to drive and the material time, or between the time when the proportion of alcohol in his breath or blood first exceeded the prescribed limit and the material time, he had not driven the vehicle on a road or other public place.

See the highlighted (red) portion.

 

[jaskin]

Re: Drunk and sleeping in your car?

That's what my lawyer friend told me. SO nowadays if my face is red I'd on the car seat in the passengers seat.

 

[edlms]

Re: Drunk and sleeping in your car?

kenn - your point being?

cheers

 

[kenntona]

Re: Drunk and sleeping in your car?

kenn - your point being? cheers

(2) For the purpose of subsection (1), a person shall be deemed not to have been in charge of a motor vehicle if he proves —
(a) that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive or so long as the proportion of alcohol in his breath or blood remained in excess of the prescribed limit; and
(b) that between his becoming so unfit to drive and the material time, or between the time when the proportion of alcohol in his breath or blood first exceeded the prescribed limit and the material time, he had not driven the vehicle on a road or other public place.

Is he in charge of a motor vehicle, even if he is in the driver's seat? There was no likelihood of him driving (he is parked and sleeping).

 

[axl]

Re: Drunk and sleeping in your car?

How about: if Terry was awakened in his car, unzipped (but unexposed!) and with stains everywhere, will he similarly be charged with indecent exposure, due to the circumstantial evidence presented??

 

[edlms]

Re: Drunk and sleeping in your car?

burden of proof of "no likelihood" is on the driver.
presumption is that your were going to drive or have driven there, when still unfit to drive...

subsection (1) says you're guilty.
subsection (2) says "we'll let you go if you prove you're innocent"...

cheers

 

[kenntona]

Re: Drunk and sleeping in your car?

Wa say, going supermarket buy a knife means attempted murder?

 

[edlms]

Re: Drunk and sleeping in your car?

two types of offences in singapore exist.
first, innocent until proven guilty.
second, guilty until proven innocent (strict liability offences)

two elements in any offence. the "act" and the "intention"...
a lot of laws in singapore remove the "intention" part and impute intention from the "act", then shift the burden of proving innocence to the person.

depressing huh...?

cheers

 

[kenntona]

Re: Drunk and sleeping in your car?

When Omar bares his chest, his intention is amorous.

When Axl takes off his tee-shirt, his intention in soliciting is cheaply revealed.

When Marcus takes out his camera, his intention of Edison-wannabe is obvious.

When Edwin drives an M3 on the road, his intention to race is evident.

 

[jaskin]

Re: Drunk and sleeping in your car?

When Omar bares his chest, his intention is amorous.

When Axl takes off his tee-shirt, his intention in soliciting is cheaply revealed.

If Omar bares his Chest to Axl while Axl is topless???

 

[///M3]

Re: Drunk and sleeping in your car?

If Omar bares his Chest to Axl while Axl is topless???

This thread is going nowhere now..