Drink driving.

Discussion in 'Motorhome Chat' started by Daveo2006, Apr 21, 2013.

  1. Daveo2006

    Daveo2006 Read Only Funster

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    Ok i decide to stay in a layby over night and whilst there fancy a few tins of beer or few glasses of plonk.After ive had a few i get a knock on the door from pc plod and im in possession of the keys to the motorhome.Can i be done for drink driving as i understand if your sat in a car under the influence and have the keys you can be knicked.
     
  2. Peter & Elaine

    Peter & Elaine Funster

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    This is one we have had discussions about before at work with truck drivers and sleeper cabs
     
  3. bigfoot

    bigfoot Funster

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    Using the same argument he could also charge you with being in possession of offensive weapons if he saw your carving and bread knives in the kitchen area. Answer is put the keys and the knives off your person and where thy can't be accessed.
     
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  4. Shuggy68

    Shuggy68

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    drink driving

    if your in charge of a motor vehicle and over the limit your bang to rights
     
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  5. lorger

    lorger Funster

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    Someone more qualified will come along and give you an answer, I'm sure I've read but could be wrong that they have to prove intent to drive so if your sitting with TV on and in your PJs you might be ok. Personally if I was parked in a lay by I'd make sure one of us would always be fit to drive off if required, just imagine you have a few beers then some rowdy lot come along and you don't feel safe and want to drive off and get stopped by police.
     
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  6. Chris

    Chris Funster Life Member

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    Not sure but I think you could be done.

    Bob would know for sure but he hasn't been around for a while.
     
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  7. Peter & Elaine

    Peter & Elaine Funster

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    That was what our opinion at work was it didn't go down well with lads but untill the plod knick and prosecute we can't be sure
     
  8. schojac

    schojac Read Only Funster

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    If the keys are not in the ignition then there is no intent to drive. However, parking in a layby and being under the influence masking you unable to drive may be constued as obstructing the highway if you do not, when requested, move on. Tricky one this as what is regarded as being an acceptable/permitted time to stay in a layby.

    Keys in ignition; same applies to mobile phones, they should be removed.
     
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  9. Vlad The Impaler

    Vlad The Impaler Funster

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    DON'T ANSWER THE DOOR ! :Doh::Doh::Doh:
     
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  10. jb0371

    jb0371 Read Only Funster

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    As long as the keys are in the mh be it in ignition, pocket or under the pillow then you are classed being in charge of a vehicle, so officially yes you would be done for it.

    If your in a layby then you would be a complete lunatic to have drink if your in the middle of nowhere and enjoying some wild camping then I think you would be ok and quite possibly plead your case if you had to. Luckily my missis doesnt really drink.
     
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  11. bigfoot

    bigfoot Funster

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    'In charge' can be defined as sitting in the drivers seat with the keys in your possession or in the ignition,that can be an intention to drive.
    If you are sitting in the lounge area or even in bed (preferably in your jimjams) and the keys hanging up out of reach,it would be very difficult to prove intention to drive.
     
  12. Daveo2006

    Daveo2006 Read Only Funster

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    I need to find one of those Missus :Rofl1:
     
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  13. Mel

    Mel Funster

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  14. Microchip

    Microchip Funster

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    My Niece and hubby are both coppers, both say do not have the keys on your person and do not sit in the drivers seat.........no problem. :thumb:

    Keith
     
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  15. GaryW

    GaryW Funster

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    Absolute mine field this oneSee if this lot helps
    [FONT=tahoma, verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]What is the legal definition of being in charge?[/FONT]

    [FONT=tahoma, verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]There is no legal definition for the term "in charge" so each case will depend on its exact circumstances and facts. Generally, a Defendant is "in charge" if he was the owner/in possession of the vehicle or had recently driven it. He is not in charge if it is being driven by another person or is "a great distance" from the vehicle.

    Matters are more complicated where a person is sitting in the vehicle or "otherwise involved with it". In charge can include attempting to gain entry to the vehicle and failing, having keys to the vehicle, having intention to take control of the vehicle or even "being near the vehicle".
    [/FONT][FONT=tahoma, verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]What if I was in my car on my driveway having a cigarette trying to keep warm and I had no intention of driving?[/FONT]

    [FONT=tahoma, verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]There is no need for the prosecution to prove that a person was likely to drive whilst unfit or over the limit. It is for the Defendant to prove that there is no prospect of using the vehicle.[/FONT][FONT=tahoma, verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]What if I fell asleep in the car or I was sitting in the back?[/FONT]

    [FONT=tahoma, verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]It depends on the circumstances leading up to it. If somebody else had driven the vehicle, and has merely got out and left you in it, and you were not aware of this, you are not in charge. If, however, you had, by your own means got into the car you would have been in charge and remain in charge.[/FONT][FONT=tahoma, verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]Can I be prosecuted if I am sitting in the passenger seat?[/FONT]

    [FONT=tahoma, verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]Yes. If the Police believe that you were driving at some point, but when they stopped the vehicle, you were no longer driving, it is still possible to prosecute or if the Police are able to show that there was a likelihood of you driving the vehicle. You do not have to be sitting in the driver's seat to be "in charge".[/FONT][FONT=tahoma, verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]I had too much to drink so I asked someone else to drive me home. They only have a provisional licence can I be prosecuted?[/FONT]

    [FONT=tahoma, verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]Yes. You are deemed to be in charge if you are supervising another driver so if you are above the limit you can be prosecuted.

    [/FONT]
     
  16. camocam1

    camocam1 Read Only Funster

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    asked a friend of mine who is an ex traffic inspector and the answer was a YES as you are in charge of the vehicle. He id say that common sense may apply depending on pc plod, as said if in PJ's and keys in a safe place and not in the ignition then unlikely.
    As a side issue I am driving my HM to site so my daughter and husband can use it, checked with insurers and they said not a problem provided they did NOT have the ignition keys as without the keys they are NOT incharge of the vehicle as they are not on the insurance
     
  17. DuxDeluxe

    DuxDeluxe Funster Life Member

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    It's been discussed many times before but I ask why try and save a few quid when there are plenty of CL/CS around? Whether rightly or wrongly - possible one year ban, huge insurance costs etc etc. even if a small risk (and there must be, otherwise it would not be discussed so much) it just isn't worth it.........

    (........Awaits incoming from "wild" campers who like to park in a lay by)
     
    Last edited: Apr 21, 2013
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  18. yokeljohn

    yokeljohn Read Only Funster

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    drink driving

    One to think about, if you get a knock on the door, how can you prove you hadn,t been drinking and driving before you pulled in for the night, to much at risk to take a chance, will never be a problem for me, I dont drink, boring arn,t I yokel john
     
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  19. Daveo2006

    Daveo2006 Read Only Funster

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    I do actually stay on sites but was wondering where we would stand legally,however since you mentioned cls/cs, how about this one. I was sat eating my lunch when a MH pulled up on a pitch near me.As soon as they arrived off they went out on foot.We went out for a few hours and they arrived back at the club site several hours after us absolutely pickled.Im talking not being able to get in the hab door pickled.So no prizes for guessing where they went.Anyhow this couple were up and gone by six in the morning and were surely still pissed,an aged couple they were too.Why do they do it ?totally irresponsible to drive any vehicle in this state.
     
  20. DuxDeluxe

    DuxDeluxe Funster Life Member

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    I wasn't having a go - you raised a reasonable question, even though it has been extensively discussed. Everyone has a responsibility to themselves and other road users to obey the laws no matter where they stay; I just cannot see, for the life of me, why one would want to park up in a lay by for the night, other than a real emergency reason.
     
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