Drink driving

Discussion in 'Motorhome Chat' started by Cat53, Oct 20, 2015.

  1. Cat53

    Cat53 Funster

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    if you imbibe in a glass or two of wine with your evening meal in your Motorhome are you in danger of falling foul of drink driving laws both home and abroad?
     
  2. sdc77

    sdc77 Funster

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    No

    Unless there is a liklihood of you driving
     
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  3. Cat53

    Cat53 Funster

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    Even on Aires? Are you not classed as being in charge of a vehicle?
     
  4. scotjimland

    scotjimland Funster Life Member

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    no matter what type of vehicle, car, motorhome etc.. the drink drive law is the same ..

    From Ask The Police..

    There are three offences that you could possibly be charged with:

    • Drive a motor vehicle whilst over the permitted limit (OPL)
    • Attempt to drive a motor vehicle whilst OPL
    • In charge of a motor vehicle whilst OPL.
    The third option may be the most relevant. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

    It would depend on the circumstances in which you were found by the police that would determine which if any of the above charges would apply.


    Common sense would dictate that it would only be wise to have a drink if on a camping site.
     
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  5. Bacchus

    Bacchus Funster

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    This is one of the big things that puts me off "wild" camping - especially in the UK unfortunately - the possibility of being moved on having had a beer or a glass of wine.

    I should think that on Aires or campsites, there's a very low risk of being asked to move?
     
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  6. Bacchus

    Bacchus Funster

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    I should think that if you have the windscreen covers on and the wheels chocked you'd have a fairly reasonable case, also if you have a pull down bed and the drivers seats are folded and the bed down? My fear would be some unknown or not seen byelaw that says parking is legal but no overnight camping :cautious:
     
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  7. scotjimland

    scotjimland Funster Life Member

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    My opinion is, if you plan to have a drink then the better option is a site where there is no risk of being asked to move on.. and even if no one bothers you, you may be over the limit in the morning when you move on.

    When off site parking, the question you have to ask yourself..is it worth risking my licence for a couple of drinks ? Your call.
     
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  8. Cat53

    Cat53 Funster

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    Thank you. It's what a thought but clarification is always good.
     
  9. sdc77

    sdc77 Funster

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    No.. there was a house of Lords ruling on this and this has enforced the 'likelihood' element mentioned above.
    Obviously aires are in france and there I believe you have to be driving... @yodeli ??
     
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  10. ojibway

    ojibway Funster

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    If you ain't driving you have no problem. You won't be moved on. I don't think I have ever seen someone not having a drink or three on an aire!!;)
    But I have several French friends who quite blatantly claim the drink and drive:(
     
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  11. bartiny

    bartiny

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    That is a good point, but IMO if the police ask you to move on, and you explain that you have had a drink and you do not feel it would be legal to drive, then they cannot force you to move the vehicle, they cannot force you to break the law, so either they would have to move your vehicle or leave you where you are, then book you for illegal camping or whatever, again only my opinion but I think you have to show intent to drive whilst over the limit, I know that the saying is "drunk in charge" but I cannot see any magistrate doing you for Drink driving when you had no intention of doing so. Innocent until proven guilty.
     
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  12. John & Joan

    John & Joan Funster

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    The police would not book you for illegal camping. Obstruction possibly. If they considered your parking to be a danger to other road users they could arrange to have you towed away. The police would report you to the highways authority for illegal camping on the highway (including verges or laybys) who would then need to visit you to asses the position before applying to a court to get a possession order. There needs to be more than one person or vehicle involved to do this.
     
  13. Bacchus

    Bacchus Funster

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    During which time you could presumably sober up and bugger off?

    Interesting thread this; it might help me get over my fear of beer whilst wild camping; I can't imagine anyone, especially not a MoHo Funster, parking where they would cause an obstruction.

    I guess travellers do this sort of thing all the time, but they seem to have special knowledge of their rights?!
     
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  14. busby

    busby Funster

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    What Police...you can do what you like in our part of Derbyshire as we have no Police presence at all. Think you would get away with overnighting on a zebra crossing ....BUSBY.:):):)
     
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  15. bartiny

    bartiny

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    I also have/had the same concerns as you regarding wild/off grid camping.

    But having watched loads of Police Interceptors on tv (I know but I like owt like that) when they get a report of a potential drink driver, someone has reported that they suspect a person is about to get behind the wheel whilst drunk, usually from a pub:rolleyes:, I know shock horror:D.

    They make their way over to the pub then sit and wait for the driver to drive away from the pub, they then, stop the vehicle, they do not stop him/her from setting off in the first place.

    So in my eyes if you do not show intent or actually drive off then, I would think/hope that you will be OK, either way I cannot see the case getting to court if you happen to get some jobsworth copper.

    Just my opinion (y)
     
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  16. Bacchus

    Bacchus Funster

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    Fluffy carpet slippers and a kimono are clearly the answer.

    If a nofficer asks whether you are thinking of driving as you stagger drunkenly around in fluffy carpet slippers and a kimono, take a selfie, show it to the nofficer and ask "seriously?"
     
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  17. busby

    busby Funster

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  18. busby

    busby Funster

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    Think those programs where made when we had an active Police Force.Well before Austerity ....BUSBY
     
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  19. swidy

    swidy Funster

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    I have been motor homing for 6 years and never used my rear leg steady's (u know what I mean ) I was contemplating taking them off to save weight and was told, best to leave them on then if u are in a layby overnight and want a beer or 2 and put the legs down this shows no intention of driving?
     
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  20. laird of Dunstan

    laird of Dunstan Funster Life Member

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    I knew that being teetotal had its advantages:)(y)
     
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