The police are a bunch of faggots. Who do they think they are to dictate? I pay their wages and they do my brother over for no reason. I've got a serious problem with them.

you wouldnt be saying that if you had your house broken into, or your mum was mugged.

police would be the first people you would go and see and if you ent done anything wrong you shouldnt have a problem

as for the car, because he was in the drivers seat, hes legally in charge of the car, he could of started it at any time and drove it.

tbf if anyone you knew got killed by a drunk driver you would want justice, this is just preventing anything horrible happening, i know its harsh but rather be zero tolerance then risk some kid get knocked over and killed by an idiot drunk who doesnt know right from wrong.

The police are a bunch of faggots. Who do they think they are to dictate? I pay their wages and they do my brother over for no reason. I've got a serious problem with them.

Grow up, seriously. Everyone pays the police's wages and whether you do or not is irrelevant. You don't get let off from breaking the law because you pay a certain amount of tax.

From what you've said it seems quite clear cut. Your brother was in charge of a motor vehicle while drunk and he has (rightly) been arrested. If he isn't compliant when arrested, the police are perfectly entitled to use reasonable force to restrain him, regardless of whether he sustains any injuries in the process.

Realistically your brother is looking at a ban of around a year and a fine of several hundred pounds.

There aren't many defences to traffic offences involving alcohol as you're either drunk or you're not, although it could be a defence for your brother if he wasn't parked on a public road or other public place, but apart from the possibility of a few procedural errors, there aren't many lines of defence for drunk-in-charge.

For mitigation at court it's best to emphasise how losing your licence would affect other people (i.e. your disabled granny needs you to transport her everywhere or you will lose your job without a car and you'd lose the house and your missus is pregnant etc) but DON'T lie or you'll be straight off to a cell.

I’ve slept in my car loads after nights out on the lash.. but have always slept in the passenger seat after hearing similar stories.

Mistake 1 - - keys in ignition.

Mistake 2 - - sat in driver’s seat.

Mistake 3 - - scrapping the arresting officer.

I do agree that if he genuinely was asleep, parked up with the handbrake on then the application of the law (to the letter) in that scenario is a bit of a c**ts trick. However he waived all rights to any sort of discretion from the cops once he started to kick off.

My advice to your friend would be to take it on the chin. If he subsequently loses his job / house etc then go travelling for a year. Come back on a foreign license, then re-take your test for a new UK one.

My $0.02’s worth anyway.