Drinking when parked on public roads. (1 Viewer)

[harryoxford2]

So you are sat at home watching tv, over the legal limit with the keys to your car which is parked on the road outside. Any offence?

 

[harryoxford2]

So you are sat in your home, a motorhome, on a public road, over the legal limit. With your keys in your possession. Any offence

 

[slobadoberbob]

Sorry Bill wrong

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

I have had to deal with many cases when I was in practice as a criminal lawyer... We have done this to death many times in the past.

The car park regardless allowed a 'licence' for those that use it.. that licence like the postman that treads your path allows for access. The same licence allows plod to come on to the land.

If you have the keys in the ignition or in your pocket there is every likelihood you could be charged with being in charge of a motor vehicle ... I have had to deal with cases on pub forecourts a few times. The fact you are in a car, truck or motorhome makes no difference.

It is what the legal profession call a 'jury' question.. each set of facts in front of whatever magistrates and what police want to present to the court.

But to make it clear police can ask any driver to provide a specimen of breath if they.... and I did say they had reason to beleive that the driver was intoxicated. Sleeping it off in the cab is a no no. I doubt a case could be made if you were tucked up in bed in the back if in a car park. The question is who is in charge of the vehicle and if a person has had to much drink and is in the vehicle, even in the back sleep police could mark a charge stick.. seen it done at Eastbourne Magistrates court.

So sorry Bill, car park private or no not has not effect on the issue.

Bob

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[grumps147]

Interesting read, especially some of the opinions.

It is clear from the number of those still drinking and driving that this is a serious problem for us all, primarily because at random any one of us or our families can be the victim of a drunk driver.

The newspapers in recent years have been emphasizing, and published articles, about those still 'drunk' well into the morning after.

So, for me the issue has nothing to do with car parks and their privacy, its at what point does a person decide themselves they are fit to drive, get the keys off some person they left them with, and actually drive. How do they know at that point they are 'fit'?

At present too many are making that decision and being caught.

Its quite simple to take the view that very few are actually caught, so many more are driving impaired on our roads.

So, I can see why drunk in charge is an offence, at any point that person can set off and KILL, even though they THINK they are sober.

That trick to con the man in the factory car park that to drive would be a bad thing was excellent - no one was hurt by it, and he did not drive by the sound of it (even though he may have been under the limit).
An abuse of power?

Maybe, but what would you have done - staked him out, letting him drive on to the road and then process him, or put the fear of god up him and go and catch a few burglars.........I know what I prefer.