Drinking when parked on public roads.

Discussion in 'Motorhome Chat' started by Bushtrekker, Jan 11, 2012.

  1. Bushtrekker

    Bushtrekker Read Only Funster

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    It doesn't affect me directly as I don't drink alcohol, but it struck me the other day that for those who do it could be a problem. What is the legal position on being over the limit if you are parked on a public road overnight?
     
  2. Hayleylulu

    Hayleylulu

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    Full timing in the van
    stay sat up :Rofl1::Rofl1::Rofl1::Rofl1::Rofl1:
     
  3. aba

    aba

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    very grey

    even if you have no intent to drive they can get you for drunk in charge if they feel that way

    the other point is how did you get to your parking spot?
     
  4. GJH

    GJH Funster Life Member

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    See This Thread for a previous discussion. As Andy says, a grey area.
     
  5. Bushtrekker

    Bushtrekker Read Only Funster

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    I thought that was probably the case.

    I suppose you could leave the ignition key with the pub landlord if it is different to the door key.
     
  6. aba

    aba

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    that could invalidate your insurance as keys are not in your possession.
    and they could still do you for being drunk in charge.
     
  7. Hayleylulu

    Hayleylulu

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    just dont open the door if any one knocks on it
     
  8. estcres

    estcres Read Only Funster

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    Many years ago, when I was self employed, a workmate of mine who used to live in his van during the week, was parked on the Staff Car Park of a local factory where he was working evenings.

    One evening, after he finished work he was cooking a meal (FB Pie?) and having a glass of red wine. A local Policeman who was driving by enquired what he was doing and informed my mate he could make him take a breath test and if he was found to be over the legal limit, he could be arrested, re-tested at the Police Station and, if found to be still over the legal limit, charged with drink driving.

    The Policeman used his judgement and did not make any move on my mate but, said he would be keeping an eye on him.

    So, from these actions, I can only assume that it you can be arrested and charged.
     
  9. Phill D

    Phill D

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    to my knowledge being in any vehicle incharge of the keys on a public road is a potential problem...:Doh:
    i was once told by a police constable people who think they can " sleep it off" in the car rather than driving are breaking the letter of the law as far as drink driving is concerned.:Sad:

    i guess if parked in "non designated " sleep over area your at risk...:Eek!:
     
  10. tick59

    tick59 Funster

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    :Rofl1::Rofl1::Rofl1::Rofl1::Rofl1::Rofl1: Just get pissed and let the B&&&&&&&S worry about in when they wake you up. HAVE FUN and LIVE.
     
  11. callumwa

    callumwa Read Only Funster

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    Sec 5 Road Traffic act 1988....


    5. Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.

    (1)If a person—
    (a)drives or attempts to drive a motor vehicle on a road or other public place, or
    (b)[HI]is in charge of a motor vehicle[/HI] on a road or other public place,after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
    (2)[HI]It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle [/HI]whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
    (3)The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.





    The grey area is "proving" that there was no likelihood of driving. If the ignition key is in your possession that could be difficult to prove.

    Callum
     
  12. pappajohn

    pappajohn Funster Life Member

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    in my opinion the officer was well out of order.

    it was a private carpark for use by employee's and visiting 'guests' (reps, delivery drivers etc) only and to which the general public had no access.

    a pub or supermarket carpark is different, in as much as it is privately owned but the general public have been granted access by the landowner
     
  13. Phill D

    Phill D

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    how do truck drivers manage? when they have to have an extended stop and get a meal and a few beers. or are we to believe they are tea total?:Smile:
     
  14. pappajohn

    pappajohn Funster Life Member

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    a professional driver would be stupid to risk his/her licence for a few extra beers on an 11 hour break but they don't get hassled due to the imposed driving hours rule
     
  15. knokinonabit

    knokinonabit Funster

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    Unfortunately, if anyone has access to a "private" area (binmen, firemen, postmen,meter readers etc), it then ceases to be private and you can be nicked.
    Many moons ago, when I was in the army, a mate of mine drove to a wedding in his car. After the reception he realised he had drunk too much and went to sleep in his car in the venues "private" car park. He was woken up in the morning by two constables and done for being drunk in charge.
    Lost his licence for 12 months.
     
  16. GJH

    GJH Funster Life Member

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    I suppose it all depends whether the car park concerned was truly private or not. Without further detail we simply don't know whether the general public had access.
     
  17. Wildman

    Wildman Read Only Funster

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    simple no frills answer
    DON'T
     
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  18. knokinonabit

    knokinonabit Funster

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    It doesn't have to be the general public, just anyone.
     
  19. pappajohn

    pappajohn Funster Life Member

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    OK, so you cant park on your own drive and get pissed as the postman, meter reader, cloths-peg sellers, god botherers etc are allowed on it.

    campsite...as above. :Doh::Wink:
     
  20. pappajohn

    pappajohn Funster Life Member

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    very true Graham, but factory carparks are generally out of public bounds for security and safety.
     
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