ourcampersbeentrashed

Hi Janey, have a look at the thread in the motorhome chat forum headed Drink dont drive or something like that, I think its on page 2 or 3 of that forum.

The road traffic act clearly states:

“5.- (1) If a person-

drives or attempts to drive a motor vehicle on a road or other public place,
or
is in charge of a motor vehicle 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.”


There are many defences against being "Drunk in charge" and any person who is accused of being in charge of a motor vehicle while unfit through drink or drugs will have a defence to the charge if he can show that at the time of the offence there was no likelihood of his driving the motor vehicle. The court will look at various factors to decide whether this was the case or not, including whether the keys were in the ignition, whether the car was running etc. These do not conclusively prove that the person was in charge of the vehicle for the purposes of the law, because the intention to drive must be proven according to the facts.


Here is a tip

If you are staying overnight at e.g a pub car park - lock the ignition keys away in the safe in your mh. That way if approached by the police, you only have the door entry keys to your motorhome on you, therefore you are using it as a home rather than a vehicle at that time.

I dont know whether they still do it, but some landlords used to look after vehicle keys if asked. If the landlord has the ignition keys (presuming you trust him/her) again you are using the "home bit" as opposed to the "motorbit".

Hope this helps

Detourer

This is absolutely true……I was there!

Out with friends last week………His wife was in the usual state after meal, wine, gin etc…..he as arranged didn’t drink as was driving……

2.30am and we left for home and met the regular Guardia roadblock on the road out of Alhaurin El Grande…..I was in my car following, they know me and waived me past. I waited along road for 10 mins until my mate came along with the WIFE driving……He got back into driving seat and we carried on with tears of laughter…….Why…..

Papers, said the Guardia officer………..
Whoops…I have left them at home said mate…….
No driving said officer………
But I live miles away…….
No driving……….
She drive car said officer…….
But she is pi##ed etc etc etc
She drive said officer……….

They swapped drivers and did the 500 mtrs ‘till out off sight.

Now there could have been a bit of “lost in translation” but…………

Spain………….I love it!!!!!!!

..

Janeyjane

Hi

I appreciate the efforts and those are good tips. I guess my 'angle' was, if I refuse to move on immediately, when asked by the police, because I would be committing a drink-driving offence by so doing, what's the come back? That seems to be, worst case, being held to be 'drunk in charge'. I realise there are side issues of making it clear that you have no intention of driving, by having the bed made up, ignition keys hidden/elsewhere etc, and sweet-talking that can be done about how tired you are and not safe to drive, but, what's are the risks if the police don't 'buy' the excuses? If you've left the ignition key with somebody else, is it then just a parking offence? Could they tow my motorhome away?

I read up the actual legislation this afternoon and it says, if requested, you must move on 'as soon as practicable'. In my naive mind, I'd like to think that being drunk and obviously having no intention of driving would lead to an interpretation of 'as soon as practicable' as being when sober. I can see that, as the legislation was passed, for example, to prevent protesters congregating, that it might be perceived as a poor excuse, so unlikely to get much sympathy with the police :-( But then again, where I want to stop is a seaside town and motorhomes stopping overnight is common, so presumably the police will have heard it all before?

I think I'd have been prepared to 'risk' getting a parking ticket, if that was worst case, but can't afford to jeopardise my driving license :-(

Guess it's back to plan B - I'll just have to find a campsite where I can get a plot near the entrance and get a taxi back at the end of the night.

Jj

ourcampersbeentrashed

You need to put it all into context and stop worrying so much. Police Officers are ordinary human beings after all and most have some common sense and can tell for example between people deliberately being obstructive and refusing to move on and those with genuine reason.

A police officer cannot by law ask a person to commit an offence, so if you were over the limit and asked to move on, you have to refuse and explain that by following his/her instructions you would be breaking the law. Police can also usually tell the difference between motorhome funsters and travellers. Police can also with a qualified police driver, move your vehicle for you. e.g if there was a fire in the pub and you were drunk and couldnt drive the motorhome to safety, they could do that for you.

Providing you are legally parked and not causing any obstruction, there would be no reason for anyone to tow your vehicle or issue you with a fine.

Seriously go and enjoy yourself and stop worrying. In the unlikely event that you are asked to move on, be polite explain the situation and get the police to work with you towards a mutually agreeable solution.

Good luck and go have fun

Janeyjane

LOL, I know, I know...... :-)

Should get my van later this week and then hopefully I'll be spending more time 'doing' and less time 'agonising'!! :-)

Jj