Drinking

Discussion in 'Motorhome Chat' started by stringa, Mar 26, 2015.

  1. stringa

    stringa Funster

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    years and years ago when I were a lad it was illegal for me and my buddies to have a drink and sleep in the car because we had the car keys on our person, I believe the keys had to be 150 feet or metres away from the vehicle...so as to not get a drink drive charge......now .....when I collect my mh and have a drink how do we stand with the law. The keys will be in the vehicle naturally.
    Maybe times have changed......or we were fooled for all those years.
     
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  2. TheBig1

    TheBig1 Funster Life Member

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    its a tricky area really. so long as the keys are not in your pocket and in the back of the van, then it would be reasonable to presume you dont intend to drive it. drink too much though and the risk of being stopped and breathalysed is really high. so common sense dictates only get the alcohol out when camping on a site off the highway and not in a layby
     
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  3. tjay

    tjay Funster

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    same rules applies to truck drivers too !!
     
  4. NickNic

    NickNic Funster Life Member

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    Common sense needs to be used. If you are in the drivers seat facing forward with the keys in the ignition then you would be in trouble. If you had the seats turned round, silver screens on and were in your pjs watching telly then they would have a hard time showing that you intended to drive. What you also have to think about is if you are parked up somewhere where you could potentially be told to move on, i.e. a lay-by, you really need to be able to.
     
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  5. Caerus

    Caerus Read Only Funster

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    I agree with NickNic. It is all about proving intention. The possible ousting from a lay-by is solved by not allowing your wife to drink at the same time (or ever)..............
     
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  6. FULL TIMER

    FULL TIMER Read Only Funster

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    bear in mind if you do get nicked for being in charge of a vehicle whilst under the influence it is not up to the law to prove you were intending to drive it is up to you to prove that you weren't.
     
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  7. Caerus

    Caerus Read Only Funster

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    You are correct.
    Maybe this will help anyone caught...............or tell them your wife is 'in charge'. You will undoubtably be believed!

    What are the defences?
    If it is alleged that you were “in charge” of a motor vehicle whilst the proportion of alcohol in your breath/blood/urine was above the prescribed limit or you were “unfit”, then you will have a defence if you can show that there was no likelihood of you driving your vehicle whilst you remained in excess of the prescribed limit or unfit.

    This type of defence will often present itself where a person decides to sleep in their car after a night out or after finding themselves unexpectedly without a place to sleep. In these circumstances whilst you may be in charge of the vehicle and may even have switched the engine on to get warm, you will be acquitted of the offence if you can show (the burden of proof is on the defence) that you would not have driven the vehicle whilst still over the limit.

    In order to prove this defence, expert evidence will be required addressing your breath/blood/urine reading (or unfitness) and the rate at which you would have eliminated (metabolised) alcohol, so as to establish at what point in the future you would have been fit to drive. By way of example if you had consumed alcohol up to 12pm and then slept in your car with the intention of driving when you woke at 7am, a report would be required showing that by 7am the proportion of alcohol in your system would have been below the prescribed limit.

    In addition to this defence there are a number of more general defences which may be argued surrounding the factual circumstances of the offence, the accuracy of the breath specimen and other procedural defences.
     
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  8. gasman2008

    gasman2008 Read Only Funster

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    I lock the ignition key in the gas locker
     
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  9. DanielFord

    DanielFord Funster

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    The charge is Drunk In Charge, so as previously stated, if you have the keys in your pocket, then you are guilty of this offence, and this would have to be answered in court where you would have the opportunity to argue that you had no intention to drive.
    If the keys are in one of the lockers, then you are not in charge of them, so no offence is committed.
    There was an incident similar to this on one of the police programmes recently (interceptors I think). The police found two lads asleep in their car, both were drunk (or had been drinking). The officers questioned them and asked where the keys were, he had put them in the glove box, and as they were asleep in the rear, the officers were happy and let them sleep it off for the rest of the night.
    To avoid any issues, it is probably better not to have had any drink whilst on a public road, saves the aggro.
     
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  10. busby

    busby Funster

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    Not seen a Police Man around here for ages.......beginning to think they have disbanded,,,,,BUSBY.:D:D
     
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  11. Chris

    Chris Funster Life Member

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    Seems an entirely sensible and reasonable solution (y)
     
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  12. JJ

    JJ Funster

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    I'd just let the nice policeman into the back of my Hymer and invite him to try to find the bloody van keys in amongst all the mess...

    It usually takes me at least half a day.

    JJ :cool:
     
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  13. NickNic

    NickNic Funster Life Member

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    It's an ideal solution apart from, in our case, one minor flaw: She doesn't have C1 on her licence and so can't drive the bloody thing. :mad: The worst part of it is that she hardly ever drinks so would usually be perfectly OK to drive.
     
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  14. Sidney

    Sidney Funster

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    If you're in the habitation you'll not have any real challenges and you can quite easily dispute those who suggest you're doing anything wrong (regardless of where your keys are).

    If you're sitting in the cab, facing the road, with keys in the ignition and a beer in your hand you'd be pushing your luck!
     
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  15. Puddleduck

    Puddleduck Funster

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    Looks like I'm driving then :)
     
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  16. Yorick

    Yorick Funster

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    I never have more than 4 pints if I'm driving. Or maybe a couple more if in a nice beer garden :)
     
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  17. DanielFord

    DanielFord Funster

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    Hysterically that sounds just like my (French) uncle. We visited last year, and at the lunchtime BBQ he cooked, I finished my stubby bottle of beer. He offered me another, which I declined saying that I had to drive in the afternoon, his reply "In France you can drink a bottle of wine and drive!" :D
     
  18. TheBig1

    TheBig1 Funster Life Member

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    sadly many accidents and arrests are the result of drinking the night before. have a skin full as some do and you're over the limit for the next 24hours. stupidly this shocks many people as they feel fine the morning after
     
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  19. Yorick

    Yorick Funster

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    You'd need to drink 2 bottles of whisky to be over 24 hours later.
     
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  20. PeteH

    PeteH Funster

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    It`s a Bit of a Grey area, all round. my tendency, and I like a small glass or two, is that IF I am in say a layby I definitely Don`t. Sometimes we Have laid over in a Pub car Park after a Music Night, with the landlords permission. (Still technically illegal as the Public have access) in which case we bin the keys or leave them with the licensee being another option. I admit though I have had a couple of glasses of The "Californian Red" whilst overnighting on Walmart before today. I was told once that "The "average" male eliminates I unit of alcohol per hour" under "normal" conditions whatever that is! (approx 2 hrs per pint?)

    Pete
     
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