Drink - Drive Law With Mh? (1 Viewer)

Babyell

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Hi sorry for maybe a dumb question but what is the law with MH's. If hubby has a few drinks as you would on a holiday and he then goes into the MH would he be breaking the law for being intoxicated in charge of a vehicle if we were wild camping? What are the rules?
 
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Robert Clark

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I believe that the police would need to have reasonable suspicion that there was intent to drive the vehicle whilst intoxicated
Difficult to prove if you were sat in the back of s Motorhome
 
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Babyell

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So providing he stays away from the drivers seat he should be ok?

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Deleted member 29692

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It's intent to drive.

If you have the cab seats spun around, sliver screens on and you're in your PJs then obviously nobody is intending to drive so you are fine. No reason to avoid the drivers seat, I normally sit in it during the evening.

If he's sat in the drivers seat facing forward with the keys in the ignition then he's probably in trouble.
 
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Robert Clark

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If not, I suspect the majority of Motorhome and caravan owners would have lost their lisences by now
 
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motorhomer

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The issue when wild camping is if there is a risk than you might get moved on. I have heard stories - not in the UK - about people getting moved on by the police and then stopped for drink driving.
 
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The issue when wild camping is if there is a risk than you might get moved on. I have heard stories - not in the UK - about people getting moved on by the police and then stopped for drink driving.
Rubbish. The police cannot make you break the law.



oops, you said not in the UK. :(


Anyway, I've had a few tinnies, but safely in the paddock at Brands Hatch in readiness for much sillyness and instructing tmrw :)
 
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scotjimland

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what is the law with MH's.

The 'Law' is the same for all motor vehicles.


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There are three offences that you could possibly be charged with:


  • Drive a motor vehicle whilst over the permitted limit (OPL)
  • Attempt to drive a motor vehicle whilst OPL
  • In charge of a motor vehicle whilst OPL.

The third option may be the most relevant. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

It would depend on the circumstances in which you were found by the police that would determine which if any of the above charges would apply.



There are many reasons why he may have to drive off when wild camping.. why risk it ?
IMO .. if you plan to drink , better to do it whilst on a site ..

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DanielFord

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As has already been stated, the important offence is "In charge of a vehicle whilst over the prescribed limit".
If you are not in control of the keys (put them away in a cupboard) then you are not in control of the vehicle. Also depends upon where you were discovered in the van, feet up in the back watching TV with a glass of wine is not in control of the vehicle.

That said, if you are wild camping, there are many reasons that you may either want to move on, or indeed you get moved on because you aren't allowed to be where you have stopped. I would suggest it is wise to always be capable of driving off.
 
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hilldweller

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Do a search in here now you are a member, you will find the answer is "Are you feelin' lucky punk" to quote Clint Eastwood.

I don't recall a single report of a MHer being done for drinking when parked up, sure as hell the way we moan on here it would be splashed all over the place if it happened.

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The 'Law' is the same for all motor vehicles.


From Broken Link Removed

There are three offences that you could possibly be charged with:


  • Drive a motor vehicle whilst over the permitted limit (OPL)
  • Attempt to drive a motor vehicle whilst OPL
  • In charge of a motor vehicle whilst OPL.

The third option may be the most relevant. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

It would depend on the circumstances in which you were found by the police that would determine which if any of the above charges would apply.



There are many reasons why he may have to drive off when wild camping.. why risk it ?
IMO .. if you plan to drink , better to do it whilst on a site ..

You will always be in breach of the third one, even without keys, asleep & a non driver. That is why it is worded like that to be an "all encompassing
catch-all "!
 
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