Drinking when parked on public roads. (1 Viewer)

Bushtrekker

Free Member
Jan 4, 2012
253
120
Cannock, Staffs
Funster No
19,316
MH
Hymer Tramp
Exp
Second time around.
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?
 

aba

Free Member
Oct 27, 2009
2,775
1,112
yorkshire
Funster No
9,066
MH
coachbuilt
Exp
dec 2009
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?

Subscribers  do not see these advertisements

 
OP
OP
B

Bushtrekker

Free Member
Jan 4, 2012
253
120
Cannock, Staffs
Funster No
19,316
MH
Hymer Tramp
Exp
Second time around.
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.
 

aba

Free Member
Oct 27, 2009
2,775
1,112
yorkshire
Funster No
9,066
MH
coachbuilt
Exp
dec 2009
I suppose you could leave the ignition key with the pub landlord if it is different to the door key.

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

Subscribers  do not see these advertisements

 

estcres

Free Member
Oct 9, 2007
1,300
767
Sunny Bournemouth
Funster No
582
MH
coachbuilt
Exp
since 2005
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.
 
Dec 6, 2011
11,470
25,059
South Wales
Funster No
19,136
MH
Coach built Adria
Exp
Since 2007
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...:whatthe:

Subscribers  do not see these advertisements

 

tick59

Free Member
Dec 25, 2007
1,413
1,409
Newcastle Upon Tyne
Funster No
1,069
MH
C Class
Exp
"Since 2005"
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?

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

callumwa

Free Member
Jan 16, 2011
4,110
4,480
Tyne & Wear, sometimes..
Funster No
14,968
MH
Coachbuilt
Exp
4 yrs +, 30+ yrs motorbike touring
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
 

pappajohn

LIFE MEMBER
Aug 26, 2007
43,207
48,802
Dark side of the moon
Funster No
172
Exp
Since 2005
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.
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

Subscribers  do not see these advertisements

 
Dec 6, 2011
11,470
25,059
South Wales
Funster No
19,136
MH
Coach built Adria
Exp
Since 2007
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:
 

pappajohn

LIFE MEMBER
Aug 26, 2007
43,207
48,802
Dark side of the moon
Funster No
172
Exp
Since 2005
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:
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
 
Dec 28, 2011
2,426
2,769
Stokesley, North Yorks
Funster No
19,259
MH
JoaCamp75Q by Pilote
Exp
Still learning since 2010
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

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.

Subscribers  do not see these advertisements

 

GJH

LIFE MEMBER
Aug 20, 2007
29,450
38,828
Acklam, Teesside, originally Glossop
Funster No
127
MH
None, now sold
Exp
2006 to 2022
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

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.
 

pappajohn

LIFE MEMBER
Aug 26, 2007
43,207
48,802
Dark side of the moon
Funster No
172
Exp
Since 2005
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.
very true Graham, but factory carparks are generally out of public bounds for security and safety.
 

vwalan

Funster
Sep 23, 2008
8,835
5,798
roche cornwall
Funster No
4,148
MH
lynton5th wheel
Exp
since a child
the fact that some folk may have been done doesnt make it a legal reason. a good defence would be able to get you off . .could be difficult if you were in the drivers seat. if you were in the back or in a sleeping area ie ,sleeper cab. no offence would be commited . but if you just bow down you lose.
if you are drunk in your house you may still be responsible for a car in the street . you carry the keys in your pocket you are in charge . but would not be commiting an offence .
well you might be a different one .ha ha .

Subscribers  do not see these advertisements

 
Apr 29, 2009
2,316
1,989
West Yorkshire...Halifax
Funster No
6,510
MH
Vanless....BUT....!!!!
Exp
Since 2007
As a former HGV driver of many years I asked a traffic officer this very question...he too admitted it's a GREY AREA...However as he said Intent to drive has to be proved...If you have the keys in your possession does it mean you're gonna drive it...I suppose if a police vehicle went round a site and bagged all the motorhome/caravan owners they could make a few quid...but can they prove intent...how many of us have had more that a couple of beers of a night when on your jollies as we aren't gooing anywhere for a few days...
When the smoking ban came into effect in Scotland when I was driving..I asked a copper if he saw me driving my truck with a fag in me hand could he charge me with smoking in the workplace..his answer was..I've better things to do than follow trucks up and down the M74...thing is if your away all week and your cabbing it every night when does it cease being your workplace and become your habitted abode.....

By the way Pappajohn..11 hours off yea that would be nice...
 

MikeD

Free Member
Dec 21, 2011
3,936
3,697
London
Funster No
19,230
MH
IH PVC
Exp
Since 2012
In October 2011, Kris Marshall was charged with failing to provide a breath test, after police stopped his car in the Tesco car park in Wells.[4] Marshall had failed a breath test at the scene and then refused to provided a second sample at the police station.[5] He later pleaded guilty, and was disqualified from driving for 6 months.

One assumes that if he had failed the 2nd test he would have been nicked for drunk in charge of a vehicle.

So the answer is dont think you can sleep it off in the motorhome even if off the highway.

:cry:

Subscribers  do not see these advertisements

 

callumwa

Free Member
Jan 16, 2011
4,110
4,480
Tyne & Wear, sometimes..
Funster No
14,968
MH
Coachbuilt
Exp
4 yrs +, 30+ yrs motorbike touring
In October 2011, Kris Marshall was charged with failing to provide a breath test, [HI]after police stopped his car[/HI] in the Tesco car park in Wells.[4] Marshall had failed a breath test at the scene and then refused to provided a second sample at the police station.[5] He later pleaded guilty, and was disqualified from driving for 6 months.

One assumes that if he had failed the 2nd test he would have been nicked for drunk in charge of a vehicle.

So the answer is dont think you can sleep it off in the motorhome even if off the highway.

:cry:


If the Police had to stop him sounds like he was already driving, not "in charge".

Failing to provide a specimen, is an offence incorporated into the RTA, but with equal penalties to drink drive and drunk in charge offences.
 

GJH

LIFE MEMBER
Aug 20, 2007
29,450
38,828
Acklam, Teesside, originally Glossop
Funster No
127
MH
None, now sold
Exp
2006 to 2022
very true Graham, but factory carparks are generally out of public bounds for security and safety.

I agree - but I've worked in a number of office buildings where the car park has been for use of both staff and visitors to the offices. Visitors included general public accessing council services.
 

Landy lover

LIFE MEMBER
Jul 11, 2009
2,296
5,928
Zummerzet
Funster No
7,453
MH
27ft Eurolight
Exp
Camping Caravaning now 5'ering 49 years
I would assume that much of the private / public car parking designation would be down to the sign at the entrance of the car park. Presumably if the sign says 'Private car parking' then the public are not invited in even though it may have a visitors area. However if it has a more open sign or no sign it could be classified as open for the public. Just a thought

Subscribers  do not see these advertisements

 

MikeD

Free Member
Dec 21, 2011
3,936
3,697
London
Funster No
19,230
MH
IH PVC
Exp
Since 2012
If the Police had to stop him sounds like he was already driving, not "in charge".

Failing to provide a specimen, is an offence incorporated into the RTA, but with equal penalties to drink drive and drunk in charge offences.

Another new paper reports:
BT ads star Kris Marshall was yesterday given a six-month driving ban after admitting failing to supply a breath specimen.
Marshall, 38, also fined £700, thought he was being “responsible” when he slept in his Jaguar in a Tesco car park rather than drive it home after he’d been drinking, the court was told.
When police woke the My Family and Love Actually actor, he told them he had been drinking but was “a little bit aggrieved” at his arrest.





His solicitor Richard Hallam explained: “He realised he was over the limit but he felt he had made a responsible *decision not to drive.”

Read more: http://www.mirror.co.uk/celebs/news...ght-s-drinking-115875-23552928/#ixzz1jEMS57Nx

But the point is more that he was not on the highway or driving his vehicle - just in charge of it.

Mike
 

vwalan

Funster
Sep 23, 2008
8,835
5,798
roche cornwall
Funster No
4,148
MH
lynton5th wheel
Exp
since a child
hi, unfortunately as been said refusal to give a test is a different offence. ,it doesnt help an argument in court if you refuse . just opens the doors to being punished. if he had given it then they could have argued the responsibility issue . not giving the test isnt responsible.
 
Jan 11, 2010
2,743
9,476
Chester
Funster No
9,901
MH
Auto-trail
Exp
Well that`s our 13th year & still loving it.
motorhome drinking

We were told by a police officer that if you were parked in a public place you could be done for being drunk in charge.
If you were on a recognised camp site which had a gate to prevent public access, had paid for a pitch for a nights stay then the the view would be taken that you would not be intending to drive off.

Apart from that there doesn`t seem to be any credabilty given to someone who has the presence of mind not to drink drive and to sleep it off in there car.
The fact that they haven`t driven is surely proof that they didn`t intend to.

No wonder the police have such a bad reputation, an easy target and points on their record.

Subscribers  do not see these advertisements

 

Join us or log in to post a reply.

To join in you must be a member of MotorhomeFun

Join MotorhomeFun

Join us, it quick and easy!

Log in

Already a member? Log in here.

Latest journal entries

Funsters who are viewing this thread

Back
Top