If after a night out you decide to go to beddy byes in your car can you be done for being in charge of a car under the influence and is there such a charge?
I heard that if the keys were in the ingnition it could be a problem. This could be harsh as you might want the radio (if it needed battery on) or some lights etc. Having the heater on is dangerous though, guy died in Dublin a good few years back due to this.
I gather its only if intoxicated that you forsee a problem (and I'd agree with you on that, having "camped" in such a fashion while backpacking)
The charge is this case is actually "Prohibition on being in charge of vehicle while under influence of intoxicant".
A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his blood will exceed a concentration of 80 milligrammes of alcohol per 100 millilitres of blood.
How could you be in the car without the keys? Unless you are in the habit of leaving your car unlocked. Or unless someone let you in to the car, and then headed off with the keys.
The legislation says "with intent to drive". If you have no intention of driving i.e. are in the car with intent to sleep, then it is clearly not illegal.
Being "in charge" on its own is not illegal - must be clear and provable intent to drive.
I leave my car unlocked constantly. The lock system broke and the mechanic told me he would source a thingy-ma-jig and fix it, that was before Christmas.
Its a fairly crappy looking car and it's filthy inside and out and there is nothing much to steal inside it (my fishing rod and Christy Moore best-of album maybe). I also live out the country. I have just gotten used to it when I am around town. So far so good.