Legal (1 Viewer)

Jan 18, 2010
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Does anybody know the legal req if you wild camp and have a drink at night as you are res for the M/Home

Bill:Eeek:
 

JJ

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Hi Bill,

I believe (but am NOT an expert) that if you are obviously in a situation where it is clear there is no intention to move the vehicle ie, food on the table, bed made up, curtains drawn, slippers (?) and/or pyjamas on etc etc then the boys in blue are highly unlikely to succeed with a prosecution.

I always fit a steering wheel lock and remove the ignition keys prior to moving into the rear.

Never been troubled in thirty years...

JJ
 

estcres

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This type of thread has been on here several times before and you will find funsters are of many different opinions on this matter, my view is this.

Technically you are in control of your vehicle and can therefore be charged with "Being in possession of a vehicle whilst inder the influence of alcohol or drugs"

However, I think that Mr. Plod should take a sensible aproach in this matter and not continue with a prosecution.

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pappajohn

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you can be moved on at any time if you are wildcamping.
all land belongs to some-one in the uk so technically you would be traspassing.

chances are, if you park up sensibly...ie out of sight, dont put BBQs, chairs, tables etc out and dont stay for days on end then you wont be bothered by the authorities.
if the police come a-knocking and you're ready for bed, curtains/blinds drawn etc, then talk to them in a civil and polite manner and they'll probably just say dont be here tommorow.

if they do insist on you moving then explain you've had a drink and you cant move on unless they authorize you to drink drive. that aint gonna happen :Eeek:

as far as being drunk in charge of a vehicle....if the above is followed re..chairs etc, then i doubt they would arrest you. they are human after all !!!!!
 
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John H

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I think it comes under the same laws as lorrys, its not only your transport but living accommodation. as suggested in the other posts, It's more about where you stop and how you behave while there.

John
 

estcres

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you can be moved on at any time if you are wildcamping.
all land belongs to some-one in the uk so technically you would be traspassing.

chances are, if you park up sensibly...ie out of sight, dont put BBQs, chairs, tables etc out and dont stay for days on end then you wont be bothered by the authorities.
if the police come a-knocking and you're ready for bed, curtains/blinds drawn etc, then talk to them in a civil and polite manner and they'll probably just say dont be here tommorow.

if they do insist on you moving then explain you've had a drink and you cant move on unless they authorize you to drink drive. that aint gonna happen :Eeek:

as far as being drunk in charge of a vehicle....if the above is followed re..chairs etc, then i doubt they would arrest you. they are human after all !!!!![/I]


Obviously you're not from the UK!!!!

Have you seen the announcement from the Dorset Police today, ZERO TOLERANCE for all motorists AND passengers.

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pappajohn

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Obviously you're not from the UK!!!!:ROFLMAO::ROFLMAO:

Have you seen the announcement from the Dorset Police today, ZERO TOLERANCE for all motorists AND passengers.

im sure that means intentional law breakers.....speeders, insurance and tax avoiders, seatbelts etc...not some poor smuck in a motorhome trying to get his head down for a few hours...:winky:::bigsmile:
 

Macytia

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I know of someone that has just had 3 points for having an open can of coke within reach of the driving seat. (driving without due care) They pulled him over as ANPR showed no insurance, after a phonecall they found out the van was insured, so the merry people found something else to do him for:Blush:
 

John H

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I know of someone that has just had 3 points for having an open can of coke within reach of the driving seat. (driving without due care) They pulled him over as ANPR showed no insurance, after a phonecall they found out the van was insured, so the merry people found something else to do him for:Blush:

that seems a bit harsh if they didnt see him drinking from it, he could have been drinking from it on a rest break and been saving some for later.I'm sure any lawyer would sort that one out.

John

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imprint

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The first point, Bill, is that you are perfectly legal driving around roaring drunk provided you are not on the public highway, so far as motoring law is concerned. How far you have to go 'wild' may be the problem. There are several archaic offences which do get dug up from time to time which might give a sniff of a case. However, if you are off highway and not doing anything positively dangerous, you'd probably be OK. Without checking, I'm all but sure that you cannot be required to give a sample of breath or urine off-road if there's no evidence that you did drink and drive.

(I remember a law student years ago who was asked to give a sample of urine in a police station. He said he was having difficulty, and the police told him to whistle " or try turning the tap in, Sir " He did this, gave them the specimen, and left.

Next morning he came back, to be given a bollocking, ending with the words "But since you were sober enough to put warm water into our bottle, we 'll not charge you..this time". I later advised one military friend , who really did drink and drive, to pee into a flask before drinking, and strap it to hie leg. He did this, and got away with it more than once.)

I've thought about this problem before, and wonder if anyone produces a time-lock to put the ignition key in?
 

Macytia

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The conversation went something like, "have you been drinking from that whils't on the move" he answered yes, he was all of a panic at the thought of having his van towed away. A letter has gone in to the police on reflection and he is intending on fighting it. Just goes to show how some officers do there job, he was unlucky 99% of officers probably wouldn't of booked him.
 

John H

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The conversation went something like, "have you been drinking from that whils't on the move" he answered yes, he was all of a panic at the thought of having his van towed away. A letter has gone in to the police on reflection and he is intending on fighting it. Just goes to show how some officers do there job, he was unlucky 99% of officers probably wouldn't of booked him.


Seeing you are from North Wales , it wouldnt have been our over zelous ex cheif of police Brunstrom who nicked him would it, the only copper to try out a tazzer on himself :ROFLMAO:


John

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GJH

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The conversation went something like, "have you been drinking from that whils't on the move" he answered yes, he was all of a panic at the thought of having his van towed away. A letter has gone in to the police on reflection and he is intending on fighting it. Just goes to show how some officers do there job, he was unlucky 99% of officers probably wouldn't of booked him.

So, on the evidence the police had at the time (an admission) he was apparently not in control of the vehicle at all times and could have caused a crash.

Would 99% really not have booked him? Would we want 99% not to book him? I certainly don't want to have somebody coming towards me who is drinking from a can instead of driving properly.

Graham
 

pappajohn

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I certainly don't want to have somebody coming towards me who is drinking from a can instead of driving properly.

Graham

do it all the time mate......dont want the can falling over and spilling beer on the cab carpet, do i.
couple of days it'll stink like a brewery.

:ROFLMAO::ROFLMAO::ROFLMAO:
 

Macytia

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So, on the evidence the police had at the time (an admission) he was apparently not in control of the vehicle at all times and could have caused a crash.

Would 99% really not have booked him? Would we want 99% not to book him? I certainly don't want to have somebody coming towards me who is drinking from a can instead of driving properly.

Graham


I personnally feel it was a harsh call and done in spite, you are of course free to form your own opinion.
Maybe all car/van makers need to put a warning on the cup holders that they fit, "Only use when stationary" or not fit them in the 1st place. It will be CD players next, do you not use when driving?:ROFLMAO:

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The Wallace

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Would 99% really not have booked him? Would we want 99% not to book him? I certainly don't want to have somebody coming towards me who is drinking from a can instead of driving properly.

Graham
Graham, your posts are normally so sensible that I wonder if someone has taken over your computer for this one?

Compared to tuning a radio (or head down using a personal police radio) or lighting a cigarette/ pipe, or talking on a hands free phone or even switching on your rear screen heater I feel that drinking from a can to avoid loss of concentration from dehydration or simple thirst is way down the list of things which cause people to drive 'without due care and attention'.

I would much rather the person coming towards me was hydrated and alert than worrying about where they could stop to quench their thirst.
 

GJH

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Personally I've never changed a CD/cassette whilst driving and I don't re-tune the radio either. I used to smoke but never did so whilst driving. I've never used a hands free phone whilst driving.

I wouldn't compare such actions to using the vehicle controls which are designed to promote safety (like making sure the rear screen is clear).

If somebody is so dehydrated that they have to have a drink, should they be driving or should they have been responsible enough to ensure that they took a break before getting into that state?

Graham
 

JJ

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I reckon there are some people who, despite drinking from a can/ turning on the radio/speaking on the hands free at the time are driving more safely and with more consideration to others than some drivers who have both hands on the steering wheel at all times...

... but no doubt the point can be made that even so, the first group of drivers is not driving as safely as it would be if it was not doing those things.

JJ

PS. Are you allowed to take your hand off the wheel to change gear? Can you take your eyes off the road to check your speed...? etc etc
 

rainbow chasers

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As the answer to the OP's question:

Don't have your keys in the vehicle - then proof of intention to drive cannot be proved.

Easiest way to do this is lock them in the locker box, and have your locker box key in the vehicle.

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imprint

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Thank you, Rainbow chaser, for answering the question I raised earlier about time locked mini-safes for ignition keys. This is a much more practical answer, and I doubt if any prosecution would be mounted if your idea were followed.

By the way, escres, not knowing the law is never a defence, nor should it be if anyone thinks about it.
 
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I have frequently been observed handling a 52 ton vehicle one-handed, while looking at the map and talking on the radio!

The Civil Aviation examiner passed me every time!

(But not drinking Coke - hate it!)

Ex Boeing 737 Capt.
 
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Well that`s our 13th year & still loving it.
drink driving

Does anybody know the legal req if you wild camp and have a drink at night as you are res for the M/Home

Bill:Eeek:

Thought we needed to get back to the original question, truth is you are the owner of the vehicle, you are in charge of the vehicle, you wouldn`t be the first to be asked to blow into a Breathalyser the following morning.

The police as a general rule aren`t sensible they follow orders, and issue fines, any fines that will create revenue.
So wake up you naive people, I got stopped at 1am in the morning no other cars about on a dual carrigeway the officer asked me why I thought he had stopped me, "Not a Clue I said" what speed were you doing? I told him around 37mph well the speed limit is 30mph.
How come I asked were do you get that from, the last speed sign I past said 40mph.
This is a 30mph zone he said, based on what I said there hasn`t been aother speed sign telling me the speed has dropped to 30mph, you are in a built up area he replied and I have been told to come her and book anyone over the 30mph limit.
How do you work that out I asked, we are afterall on a dual carrigeway which is on stilts the nearest habital building is 200yds away and also below us.

He gave me the ticket and said I could contest it in court and he was only doing his job.
When I brought this up at the station they said thats right, the cost being far more than the fine.

6 months later they put up 30mph signs.

Police thinking and sensible is an oxymoron surely.

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Oct 23, 2009
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Seeing you are from North Wales , it wouldnt have been our over zelous ex cheif of police Brunstrom who nicked him would it, the only copper to try out a tazzer on himself :ROFLMAO:
John

The good news - Brunstrom has been ousted :cry:and we now have a sensible chief constable ( allegedly) - no more of the mad mullah of the traffic taliban:thumb::thumb::thumb:
 

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