Drinking in my car without driving - licence suspended

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Megaloop

Member
1 July 2019
2
0
1
Hey guys, I was drinking wine in my car parked at the front of my house while talking on a phone with my family. Cops came, the keys were in my pocket, the engine was turned off, I wasn’t driving before, just came from the house to the car.
The cops took my licence, no charges, I can’t drive.
The questions is, do they have the right to suspend my licence without any charges for drinking in my car? I wasn’t driving, the engine was turned off...I can’t work as my work is based on driving...any suggestions? Happened in Sydney
 

Atticus

Well-Known Member
6 February 2019
906
147
2,394
Not against the law to drink in your car that I'm aware of... Is a problem if you failed a Breath test/ BAC though, even not driving with engine off because you still technically are in control of the vehicle...

Did they do any kind of BAC test to determine if you were over the prescribed limit?
 

Atticus

Well-Known Member
6 February 2019
906
147
2,394
  • Like
Reactions: Megaloop

Tony Danos

Lawyer
LawTap Verified
29 November 2016
244
37
719
Victoria
lawtap.com
Hey guys, I was drinking wine in my car parked at the front of my house while talking on a phone with my family. Cops came, the keys were in my pocket, the engine was turned off, I wasn’t driving before, just came from the house to the car.
The cops took my licence, no charges, I can’t drive.
The questions is, do they have the right to suspend my licence without any charges for drinking in my car? I wasn’t driving, the engine was turned off...I can’t work as my work is based on driving...any suggestions? Happened in Sydney
No way are you technically driving.
 
  • Like
Reactions: Megaloop

sammy01

Well-Known Member
27 September 2015
4,093
582
2,894
Did the cops take you to the police station? Or just take your licence?

This sounds very very dodgy. Can you give some more details?

From what you've said, I reckon this is someone imitating the police. The cops will always tell you the reading, they will always give you some paperwork and they will always take you back to the cop shop. Did they do any of these things?

If they didn't I'd be walking into the local police station and having a chat. You could be the victim of some idiots pretending to be police, but you could be the victim of identity theft because they took your licence?

That said, if you were driving and the cops were following you and you pulled up outside your house and cracked a drink and claimed you'd been sitting there all night, well that aint gonna float in court.
 

Adam1user

Well-Known Member
5 January 2018
520
29
2,159
Did the cops take you to the police station? Or just take your licence?
If they didn't I'd be walking into the local police station and having a chat. You could be the victim of some idiots pretending to be police, but you could be the victim of identity theft because they took your licence?
That is a good point, I really never thought of this as identity theft! although it is obvious.

To the poster:
You mentioned you came from the house to the car and you were not driving, I understand from this is that you were about to drive after the phone call and after you had a drink! this may be the reason. I am going of what you wrote.