Join Date: Aug 2005
Location: Ellicott City, MD
Re: Dumb Wankers Rob Bar Full Of Bikers!
You could be charged with theft for taking a friend's keys that you knew was soused as well. If you could prove they were well over the limit and you were attempting to prevent them from driving, then you probably would either have the charges dropped or they wouldn't stick. However, in this case, sure the man was probably over the legal limit when he started driving and when you stopped him, but legally all that matters is the reading the cops get when they test him...so legally he was safe and allowed to drive, so according to the letter of the law you did commit theft by taking his keys. It sucks in a lot of ways, but what is to say someone isn't going to take someone's keys claiming they are drunk when they are nothing near it. I'd be pissed if I had 2 beers and someone took my keys claiming I was drunk even though both legally and in actuality I would be perfectly sober. I see the logic in not simply allowing a person to claim that you thought the other person was drunk to be enough.
As for the above, even in the US it would be self defense. Sure the robbers could try to sue, but it is unlikely they would win. Though crazier things have happened, such as burglers suing for hurting themselves after breaking into a home and actually wining...it is damned rare though and ususally has some pretty extenuating circumstances.