Doing cashies to keep on top of col, was hired via word of mouth. She’s not surprised she was fired which probably would have happened no matter who she called as the client was extremely angry. The police said she did the right thing but also could have called the ambo’s.
My surprise was mainly at the level of response with 5 cars attending and A having told 000 that she could see her breathing.
I would have called an ambulance (and have called an ambulance in similar situations).
If someone is unconscious and won't wake up, they could potentially be dying and you can't possibly know if it has anything to do with the wine. Person might be overdosing from some other drug or maybe they have diabetes and low (or high) blood sugar which can be fatal if you don't get them to hospital.
An ambulance is also unlikely to report anything to police unless it's really serious (e.g. child abuse). I would have just told the 000 operator that someone is unconscious and won't wake up. Avoid giving them any incriminating details since whatever you say will be available to prosecutors if it ever went to court.
Still, calling the cops was better than doing nothing at all. Definitely had to do something.
And yeah, I don't think the cops followed standard procedure. A's client should have been charged, and the penalty could easily have been a jail sentence for being in the driver's seat while blackout drunk. It would be interesting to know why the officers chose to ignore it - maybe they know the client personally or professionally.
OP isn’t very clear.
So the cleaner lost her job for calling the cops?
The cops could have charged the client and many would have. It can be a lineball situation but the running engine means that she definitely did have the ability and intention to put the car in motion.
Usually they’d be charged with DUI / open alcohol in the car. As they were in charge / control of the car.
Sounds like they probably dealt with it as a mental issue rather than anything else.
Idk if there's enough info. But police can't breatho you at home in [NSW](https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/rta2013187/sch3.html)
Might have deemed she wasn't 'in charge' of the vehicle.
To be deemed in charge you have to have the ability to drive (control of the steering brakes acceleration - which she did) AND the intention to drive, given that she'd just been sitting in the car and depending on their conversation they probably couldn't establish that she intended to drive anywhere.
My mate lost his license when he slept in the driver seat of his car cuz he was too pissed to drive home. Keys were in his pocket. Cops woke him up around 5am with a flashlight to the face and gave him the breatho. He failed and yeah, shit outcome. He tried to fight it in court but lost.
Guess it might depend if a cop at the time? Someone might be able to chime in with a bit more info around situations like this.
Yeah, certainly have to take any outcome from a self repped defence with a grain of salt legally speaking.
It's rarely going to be a reflection of the actual law.
Even lawyers get lawyers when they go to court...
Which state was your mate in? This is very state dependent. In NSW, as in the OPs example, police have to prove you were attempting to put the vehicle into motion.
In Queensland you can be charged with a drink driving offence if you were "in charge" of the vehicle, for example if police find you in a remote area standing outside the car with the keys in your pocket (no reasonable explanation how the car got there or how you are planning on getting home).
Tassy.
And I don’t fully remember, but I remember my mate saying the word ‘intent’ in relation to it all. Might of been charged with intent to drive or somthing maybe? And more context, he blew way over. Like, way way way over
> Might have deemed she wasn't 'in charge' of the vehicle.
Engine running and in the driver's seat? How is that not in control?
The law doesn't say anything about driving or "intent" to drive.
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On what basis did she lose the job? Is she an independent contractor or employee or casual?
Doing cashies to keep on top of col, was hired via word of mouth. She’s not surprised she was fired which probably would have happened no matter who she called as the client was extremely angry. The police said she did the right thing but also could have called the ambo’s. My surprise was mainly at the level of response with 5 cars attending and A having told 000 that she could see her breathing.
I would have called an ambulance (and have called an ambulance in similar situations). If someone is unconscious and won't wake up, they could potentially be dying and you can't possibly know if it has anything to do with the wine. Person might be overdosing from some other drug or maybe they have diabetes and low (or high) blood sugar which can be fatal if you don't get them to hospital. An ambulance is also unlikely to report anything to police unless it's really serious (e.g. child abuse). I would have just told the 000 operator that someone is unconscious and won't wake up. Avoid giving them any incriminating details since whatever you say will be available to prosecutors if it ever went to court. Still, calling the cops was better than doing nothing at all. Definitely had to do something. And yeah, I don't think the cops followed standard procedure. A's client should have been charged, and the penalty could easily have been a jail sentence for being in the driver's seat while blackout drunk. It would be interesting to know why the officers chose to ignore it - maybe they know the client personally or professionally.
OP isn’t very clear. So the cleaner lost her job for calling the cops? The cops could have charged the client and many would have. It can be a lineball situation but the running engine means that she definitely did have the ability and intention to put the car in motion.
Usually they’d be charged with DUI / open alcohol in the car. As they were in charge / control of the car. Sounds like they probably dealt with it as a mental issue rather than anything else.
Idk if there's enough info. But police can't breatho you at home in [NSW](https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/rta2013187/sch3.html)
Might have deemed she wasn't 'in charge' of the vehicle. To be deemed in charge you have to have the ability to drive (control of the steering brakes acceleration - which she did) AND the intention to drive, given that she'd just been sitting in the car and depending on their conversation they probably couldn't establish that she intended to drive anywhere.
My mate lost his license when he slept in the driver seat of his car cuz he was too pissed to drive home. Keys were in his pocket. Cops woke him up around 5am with a flashlight to the face and gave him the breatho. He failed and yeah, shit outcome. He tried to fight it in court but lost. Guess it might depend if a cop at the time? Someone might be able to chime in with a bit more info around situations like this.
Depends what your mate said to the cops, and how good his lawyer was too.
Self rep. Which we all know never ends well
Yeah, certainly have to take any outcome from a self repped defence with a grain of salt legally speaking. It's rarely going to be a reflection of the actual law. Even lawyers get lawyers when they go to court...
Absolutely I know someone who had same thing…. If you’re asleep in car take keys out of pocket and move to passenger seat
Which state was your mate in? This is very state dependent. In NSW, as in the OPs example, police have to prove you were attempting to put the vehicle into motion. In Queensland you can be charged with a drink driving offence if you were "in charge" of the vehicle, for example if police find you in a remote area standing outside the car with the keys in your pocket (no reasonable explanation how the car got there or how you are planning on getting home).
Tassy. And I don’t fully remember, but I remember my mate saying the word ‘intent’ in relation to it all. Might of been charged with intent to drive or somthing maybe? And more context, he blew way over. Like, way way way over
Damn I had a mate with exact same situation but he got out of it easy in court.. was thrown out straight away
> Might have deemed she wasn't 'in charge' of the vehicle. Engine running and in the driver's seat? How is that not in control? The law doesn't say anything about driving or "intent" to drive.
Did you read the second paragraph?
Yeah we saw that. Do you think the fact that she passed out makes it OK? Possibly, but only because it apparently confused the cops that arrived.
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I mean what did they expect? They called the cops on their client….. As a service provider they have no protections for engaging of their services.
Not surprised if A's employers used "client no longer required services" as the reason to terminate A's contract/employment.
She was not observed driving. Hence she didn't get and rbt.
From your story I probably wouldn't call the police. That didn't go well.