Hic! me Ociffer? (1 Viewer)

[lammyboy]

so, how does it work?... you park up at a nice little pub with the agreement form the landlord that you can sleepover in his car park, you promptly change into your best drinking shorts and loud shirt and take advantage of his real ale and vino tinto for her in doors... 5 hours later you stagger back (like a mouse) to the MH and proceed to climb the stairs to bed... Can the old bill knock on your door and do you for drunk in possession of a motor vehicle (lets say even if the ignition keys are locked in the glove box?)

RSVP

 

[Figaro]

I believe not unless there was a clear indication you intend to drive away.
Probably a grey area though, let's hope any pc would use their common sense.

 

[MC 55 FUN]

I think the issue in this circumstance is that you still have access to the keys to start the vehicle, and that you are in the vehicle & are p*ssed.

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[Khizzie]

so, how does it work?... you park up at a nice little pub with the agreement form the landlord that you can sleepover in his car park, you promptly change into your best drinking shorts and loud shirt and take advantage of his real ale and vino tinto for her in doors... 5 hours later you stagger back (like a mouse) to the MH and proceed to climb the stairs to bed... Can the old bill knock on your door and do you for drunk in possession of a motor vehicle (lets say even if the ignition keys are locked in the glove box?)

RSVP

Good point. I watch this with interest..Roy..

 

[lammyboy]

Do you (all) mostly ignore this and just get on with it? I also thought of getting a secret box fitted somewhere to hold the keys and passports and valuables - maybe that would work?

 

[Techno]

Do you (all) mostly ignore this and just get on with it?

Yes there has to be a clear intention to drive. If the PC knocked on your door (extremely unlikely ) and you were in you night clothes or had silver screens on its pretty obvious you have no such intention.

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[JJ]

http://www.motorhomefun.co.uk/forum/threads/drink-driving.117817/

http://www.motorhomefun.co.uk/forum...ol-recommendations.122449/page-2#post-1698878


JJ

 

[MC 55 FUN]

The fact that you are on private land, as opposed to the public highway, may, or may not, make a difference to how the law operates too.

 

[Tootles]

Can the old bill knock on your door

They can knock until the cows come home, but you dont have to answer it.........

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[lammyboy]

Well, that was an informative hour, stopped me working at least and now all Im thinking about is going to Mugello for the Moto GP tonight - enjoy the rain if you're in the UK - Its good for the plants...

Thanks for the input

 

[Techno]

One thing to consider is parking anywhere with restrictions i.e. having to clear off early morning while still under the influence. e.g. a market day

 

[Tootles]

enjoy the rain if you're in the UK

We are, it makes such a refreshing change from the heatwave we have had......Hotter then Spain, it seems........And in the UK, we have grass and trees that need watering.

Take Skegness for example.......*BANG*..........

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[Larby]

aah Skegness, or should that be aarrr! Skegness?

 

[Tootles]

aah Skegness, or should that be aarrr! Skegness?

Always thought you had a chunk of pirate in you Pete.........Pirate Pete........Sounds good.........Jim lad.

 

[Kool Kroozer]

Something i never have to worry about i am glad to say.. Dont drink lol.. On the other hand if ever i was breatherlised for choclate i would be way over the limit lol.. And as for my dress attire in the van.. I always dress like i am ready for bed lol

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[Tootles]

I always dress like i am ready for bed lol

A wise move. You never know who may come a knocking.

 

[Dognewf]

please remember, for the next morning, that there are lower drink driving limits in Scotland, so leave a bit later.

 

[Movinon]

Intention to drive must surely be important. Otherwise being outside a vehicle to which you have keys when you are intoxicated would be an offence.

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[hilldweller]

5 hours later you stagger back (like a mouse) to the MH and proceed to climb the stairs to bed..

Done to death a thousand times on here but you have highlighted the biggest danger point, just as you put the key in the lock, you are so vulnerable, go on, prove you are not going to drive it.

Does not matter where you hide the keys, you can always get them and most have more than one set anyway.

Enjoy Mugello. We'll be watching from the best seats.

 

[Tootles]

We'll be watching from the best seats.

...............Compliments of your old age pension, no doubt.............

 

[hilldweller]

...............Compliments of your old age pension, no doubt.............

You bet. In fact I'm sat there right now.

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[Cavs]

Intention to drive must surely be important. Otherwise being outside a vehicle to which you have keys when you are intoxicated would be an offence.

And it could be, according to the circumstances. Read the threads that @JJ linked to above - all the arguments are in there.

 

[Allanm]

There is a lot of rubbish written about this, even Outandaboutlive have it wrong on their website.
The likelihood is, no one is going to knock on your motorhome door and ask if you have been drinking, or demand you take a breath test, unless you are just about to drive away from the pub.......

Whether or not a person is in charge of a motor vehicle depends on the facts of each individual case, the key question being whether the person is in control of the vehicle and whether in the circumstances there is a realistic possibility of him taking control of the vehicle.

If it is alleged that you were “in charge” of a motor vehicle whilst the proportion of alcohol in your breath/blood/urine was above the prescribed limit or you were “unfit”, then you will have a defence if you can show that there was no likelihood of you driving your vehicle whilst you remained in excess of the prescribed limit or unfit.

This type of defence will often present itself where a person decides to sleep in their vehicle after a night out or after finding themselves unexpectedly without a place to sleep. In these circumstances whilst you may be in charge of the vehicle and may even have switched the engine on to get warm, you will be acquitted of the offence if you can show (the burden of proof is on the defence) that you would not have driven the vehicle whilst still over the limit.

There will be less proof needed by you if you were in a motorhome and stated you were sleeping / staying in it and would not be driving whilst still over the limit.

Simples........

 

[pappajohn]

The fact that you are on private land, as opposed to the public highway, may, or may not, make a difference to how the law operates too.

Agreed.
Anywhere the public have access to is classed as a public place....even if its privately owned. I.e.: pub car park, supermarket car park, hotel car park etc....even an official campsite.
But any copper worth his salt would take all the evidence into account and realise you had no intention of driving...keys out, curtains/blinds drawn, front seats turned, tv blaring away and dressed in nightwear.
Only a proper tw@t would report you and I doubt it would result in court action.

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[pappajohn]

(the burden of proof is on the defence)

I guess one of the only times 'innocent until proven guilty' doesn't apply

 

[Tootles]

(the burden of proof is on the defence)

I dont doubt for an instant what you say, but I always thought that the burden of proof was on the prosecution, as in this case, would they not have to prove that you intended to drive?

 

[Cavs]

I dont doubt for an instant what you say, but I always thought that the burden of proof was on the prosecution, as in this case, would they not have to prove that you intended to drive?

See here for the process of how the burden of proof switches:
Drink driving

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[MitchandJenny]

I would put the Krooklok onto the steering wheel BEFORE I went to the Pub and imbibed.
Also, "Dressed for bed" for us, is "nuddy" as we were born !!
Mitch.

 

[Tootles]

See here for the process of how the burden of proof switches:
Drink driving

Thanks for that. I didnt see the original thread.

 

[sdc77]

@Allanm has it right.
This was the result of a house of Lords ruling and is really just common sense.
Police don't need to hang around pub car parks watching motorhomes . They can get their fill of drink drivers out on the streets.
I'd imagine more people get gassed than are caught as the op suggests.

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