Alcohol and Wildcamping.

[TM59]

I recently had a conversation with a fellow 'motorhomer' who informed me it was unlawful to consume alcohol in your motorhome or return to your motorhome with drink consumed if you are wild camping in a majority of locations. He tells me you are technically in-charge of the vehicle and could be prosecuted. Is he correct? I know there will be plenty of opinion but it would be nice to hear from a legal eagle on the forum.

 

[Googlebot]

If you have no intention to drive, you can, but the onus is on you to prove it. Overcab bed down, seats turned around etc.

That said, I won’t drink if we are wild camping.

I like the ability to move should I need to.

 

[kevenh]

I I remember right we’ve a doc in resources with advice on this situation.
IMO if your motorhome doesn’t look ready for departure, you’re considered static.

 

[Swifter]

The keys need to be well away from the ignition .

 

[TM59]

I take it the likes of Brit Stops especially those in the car parks of Public houses would also be included.

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[The Old Man]

I have asked a traffic officer about this.

If your location is safe and not a hazard.
It is not an illegal location.
Everything indicates that you have no intention to drive.
You are aware of the potential to still be legally drunk the next morning.

Any reasonable traffic officer would not be interested, if you are polite and contrite.

Give them any lip and the game changes.

 

[MC 55 FUN]

Drunk in Charge of a Vehicle Offence Solicitors | PDA Law

Have you been caught in charge of a vehicle under the influence of alcohol? PDA Law Road Traffic Offence experts can help you.

www.pdalaw.co.uk

 

[Odd-no-more]

If you are able to lock the doors without the ignition key, put it in the gas locker. You can't be charged for being under the influence, if the key is not inside with you.
I do think the whole law is very wrong on this, they are able to prosecute you, not for anything you have done, or even something you are thinking of doing, but they can prosecute you for something THEY think you may do. If you apply the same criteria to everything it would be the same if you drink at home, you have the ability to drive if you have a car in the drive, so what is the difference?

 

[irnbru]

If you dont give them cause to come near your van then the likelihood is they wont, but as others have said it would be up to you to prove you have no intention to drive.

 

[Wildweasle]

I have asked a traffic officer about this.

If your location is safe and not a hazard.
It is not an illegal location.
Everything indicates that you have no intention to drive.
You are aware of the potential to still be legally drunk the next morning.

Any reasonable traffic officer would not be interested, if you are polite and contrite.

Give them any lip and the game changes.

"Give them any lip and the game changes." As it should !

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[Jim]

This is a time where you have to prove your innocence rather than the police prove your guilt.

You need to convince the copper first, and if you do, that's great. If you don't convince him he'll arrest you and you'll need to convince a magistrate. How do you convince them?

You show your keys are locked away
Your silver screens are in place
You're in your PJs
Your jacks are down
Your curtains are drawn
You've just made a hot water bottle.

Ect ect ect

 

[george w menzies]

in scotland the offence is drunk in charge no need to prove intent

 

[TM59]

in scotland the offence is drunk in charge no need to prove intent

Would that mean whether or not you intend to drive?

 

[TM59]

Certainly sounds like a negative to wild camping to those of us who enjoy a drink.

 

[BreweryDave]

How do FLT’s afford alcohol when they can’t afford a site,CL, or aire?

......asking for a friend

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[Zigisla]

Unless we are BritStopping, I never drink alcohol if wild camping because of this very reason. Couldn't be bothered with hassle of explaining myself, but more to the point, if something goes wrong - yoofs running amuck, park warden / police moving you on etc, I will need to move off. BritStopping gives the excuse that, the scheme is there for you to stop over without intending to drive.

 

[TM59]

Unless we are BritStopping, I never drink alcohol if wild camping because of this very reason. Couldn't be bothered with hassle of explaining myself, but more to the point, if something goes wrong - yoofs running amuck, park warden / police moving you on etc, I will need to move off. BritStopping gives the excuse that, the scheme is there for you to stop over without intending to drive.

I agree with most of what you saying. But I would imagine there is no exceptions for Brit Stops in the legislation. It is one law for all.

 

[Lenny HB]

If wilding I still have a drink but probably never over the limit for driving, the boss hardly drinks & she can drive so not a problem.

 

[Zigisla]

I agree with most of what you saying. But I would imagine there is no exceptions for Brit Stops in the legislation. It is one law for all.

You're right, but it is easier to explain BritStops principles whilst in a Pub Car Park, than it is to say honest I wasn't going to drive now or first thing in the morning before the carpark / lay-by gets busy again. Between closing time and opening time, the pub carpark is private property as there can be no expectation of the public using the carpark.

 

[TM59]

If wilding I still have a drink but probably never over the limit for driving, the boss hardly drinks & she can drive so not a problem.

Sounds sensible Lenny. Unfortunately I know several people who just had the “1” and sadly were over the limit.

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[Wildweasle]

I agree with most of what you saying. But I would imagine there is no exceptions for Brit Stops in the legislation. It is one law for all.

With one notable exception,

 

[The Old Man]

Would that mean whether or not you intend to drive?

I think it could.

 

[BusyBuilder]

If you are off the road on private land, then why would they be bothered if you have a drink ?

If they can do this then they could do the same in your garden if you have keys in your pocket with car on drive ?

 

[TM59]

If you are off the road on private land, then why would they be bothered if you have a drink ?

If they can do this then they could do the same in your garden if you have keys in your pocket with car on drive ?

What we think is private land is offer not the case.

 

[TM59]

What we think is private land is often not the case.

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[BusyBuilder]

What we think is private land is often not the case.

All land belongs to someone, but yes agree. However, how many have been asked by police for a breath test ? bear in mind, in Scotland it's virtually zero limit.

 

[nicholsong]

Drunk in Charge of a Vehicle Offence Solicitors | PDA Law

Have you been caught in charge of a vehicle under the influence of alcohol? PDA Law Road Traffic Offence experts can help you.

www.pdalaw.co.uk

That article is summed up in their advertising line here

'As you can see, this type of case is far from straight forward and requires a detailed knowledge of the law. Thankfully we can help'

Not a lot of help at defining the law.

Geoff

 

[Vipar]

Just be aware that you could still fail a breath test if you depart early in the morning.

 

[kevenh]

I I remember right we’ve a doc in resources with advice on this situation.
IMO if your motorhome doesn’t look ready for departure, you’re considered static.

There is (a doc in resources). It is here
Not read it recently but surely it'll be like Ronseal?

 

[MC 55 FUN]

That article is summed up in their advertising line here

'As you can see, this type of case is far from straight forward and requires a detailed knowledge of the law. Thankfully we can help'

Not a lot of help at defining the law.

Geoff

Speak to them if you disagree

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