Being parked at the side of a road and alcohol (1 Viewer)

[rnb100]

Last year I predominantly used camp sites, but I'm planning on doing a bit more off-grid in the campervan this year. I started thinking about being parked up somewhere and PC Plod raps on the window, spots a glass of wine in your hand and the whole world of being drunk in charge of a vehicle comes into play. After a bit of googling, the basic advice of never starting the engine, keep the keys out the ignition, don't sit in the drivers seat if it's in the forward position. All common sense suggestions and ones I'll always adhere to.

Has anyone ever had any altercations with the boys in blue whilst parked up, or do they tend to leave you alone when they see your blinds are closed and you're not bothering anyone?

Thanks,

Arron.

 

[bladerunner]

It's a grey area and obvious advice is not to drink.
but if your blinds were drawn and seats turned around I think you'd be unlucky to be pulled.
Police friends of mine say if you are on publicly accessible land (and this would include a pub car park) you are fair game.

 

[David and Sally]

The law is all about intention to drive. If you can show no intent then you have a defence against being drunk in charge. All the actions you state are valid.
However, should the need to move ever arise you could be in trouble.

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[Badknee]

It's a grey area and obvious advice is not to drink.
but if your blinds were drawn and seats turned around I think you'd be unlucky to be pulled.
Police friends of mine say if you are on publicly accessible land (and this would include a pub car park) you are fair game.

Yes very grey, as a trucker of 22yrs I was never approached while overnighting but I always took the ignition keys out and put them in a pocket of my jacket well away from the driving seat.

 

[TinaLes]

This has been covered many times on Fun, your title says it all really, if not parked off road on private land you are still on a public highway, I certainly would take a chance with the police, especially if they inform you that you need to move on.
Lay Byes are a no no especially for rear lighting reasons, plus of course the inability to consume alcohol on a public highway.
If you use the search facility you should find many of the previous threads, nothings changed, even have to be sensible when using pub car parks (Britstops etc) by taking the appropriate action with keys, window blinds, front seats etc.
LES

 

[34127]

This thread might be worth reading

Alcohol and Wildcamping.

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...

www.motorhomefun.co.uk

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[Odd job]

I have never liked this part of the drink driving law, it leaves a person liable to prosecution because some police officer thinks they may commit a crime, not because they have done anything wrong. I never have wild camped but if I did I would hide the ignition key, I always thought the gas locker or cassette locker would be a good place, as long as the key isn't needed to lock the doors.

 

[The Wino]

Is there anyone on here who has ever in that situation been breathalysed?. If no the chances must be so small it's not worth worrying about.

 

[rnb100]

This thread might be worth reading

Alcohol and Wildcamping.

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...

www.motorhomefun.co.uk

On it now. Thanks.

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[nicholsong]

One other way of demonstrating that one has no intention of driving further that day/evening is to show the satnav with one's current position as the destination.

I know a sceptical officer could suspect that evidence was manufactured, but it might be persuasive, along with things like the seats turned around etc.

Perhaps having supper in one's pyjamas might also help.

Personally I have never worried about the chances of a policeman knocking on the door, but then we have usually wildcamped in quite remote places air on Aires. I cannot imagine anyone being breathalysed on an Aire, but are they par of the highway?

Also, as I have written before, how would they prove which occupant of the vehicle was the one 'in charge'? - that may be the reason that they do not come knocking. I am sure in the travelling community that swerve is well uppermost in their mind.

I wonder whether any ex-police, especially Andy @Mr.Plodd, have ever questioned and/or breathalyzed a stationary MH.

Geoff

 

[Minxy]

Simple answer don't drink alcohol, more practical answer make sure that you don't drink more than the DD limit then even if you are questioned and/or tested you will be under the limit.

Other precautions to limit the likelihood of any issues is put keys safely out of easy reach from where you are sitting, and once the alcohol is served ensure that there is no other in sight (ie put wine bottle in fridge, cans in cupboard) so that it doesn't 'look' like you'll have more later and put your night-wear on assuming it's not skimpy and that you wear some (also avoid any 'red' lighting! ).

 

[Ralph-n-Bev]

We don’t park at the side of busy roads. I’d never sleep , I’d be worried about something crashing into us and the noise , even with my earplugs would keep me awake.
Though when we’ve been out of the way in the wilds somewhere, parked up in a quiet lay-by or country side road we ....
Turn both driver and passenger seats round , have the blinds shut or silver screen on, the satellite would usually be swivelled up too . Plus we’d more than likely be dressed in our PJ’s . So if we did get a Knock , it’d be obvious we were there for the night.

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[Chrisvh]

One other way of demonstrating that one has no intention of driving further that day/evening is to show the satnav with one's current position as the destination.

I know a sceptical officer could suspect that evidence was manufactured, but it might be persuasive, along with things like the seats turned around etc.

Perhaps having supper in one's pyjamas might also help.

Personally I have never worried about the chances of a policeman knocking on the door, but then we have usually wildcamped in quite remote places air on Aires. I cannot imagine anyone being breathalysed on an Aire, but are they par of the highway?

Also, as I have written before, how would they prove which occupant of the vehicle was the one 'in charge'? - that may be the reason that they do not come knocking. I am sure in the travelling community that swerve is well uppermost in their mind.

I wonder whether any ex-police, especially Andy @Mr.Plodd, have ever questioned and/or breathalyzed a stationary MH.

Geoff

I can remember half a dozen cases in the Northern Peak District between 1980-1995. No knowledge of any incidents after that.

 

[marchie]

We don’t park at the side of busy roads. I’d never sleep , I’d be worried about something crashing into us and the noise , even with my earplugs would keep me awake.
Though when we’ve been out of the way in the wilds somewhere, parked up in a quiet lay-by or country side road we ....
Turn both driver and passenger seats round , have the blinds shut or silver screen on, the satellite would usually be swivelled up too . Plus we’d more than likely be dressed in our PJ’s . So if we did get a Knock , it’d be obvious we were there for the night.

I answered the door in my pyjamas. Strange place to have a door, but the habitation door's broken ...

Steve

 

[Otter Spotter]

There appears To be a concern over bobbies knocking on Motorhome doors and finding occupants with drink in their hands. Firstly the officer has to have reasonable concern that the occupant is likely to commit an offence, so drink in hand doesn’t mean that you are going to drink and drive, and as long as the vehicle was parked off road not on the side of the road or in a lay-by,the keys are put away, I would put them in a draw (this to a degree solves the ‘in charge issue, stuff spread about to indicate you are not moving, maybe plates in sink, all evidence that you are not very likely to be moving on, will probably protect you if some over zealous officer decided to take you to the nick.
I have asked a few of my ex colleagues from the Police and all said the only time they would do anything is if the motorhomer was objectionable or was parked in a obviously temporary location, industrial estate, lay-by on a road.

Offer the officer a brew and Show you are not moving on anytime soon will help.

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[tacr2man]

Speaking as an ex plod , and with a daughter who is current , The vast majority of officers have far to much to do dealing with very much cut and dried law breaking than trying to catch a parked motorhome for possible DIC .
I have never heard of a prosecution for DIC involving a motorcaravan . HTSH

 

[TinaLes]

I dont wear any PJ,s never have done, but TinaL does, never worked that one out, as she is the one throwing off the duvet as she gets too hot, and I wake up frozen.
I know TMI, but it would be her that answered the door, well I wouldn't want to spill my cocoa would I?
LES

 

[nicholsong]

I dont wear any PJ,s never have done, but TinaL does, never worked that one out, as she is the one throwing off the duvet as she gets too hot, and I wake up frozen.
I know TMI, but it would be her that answered the door, well I wouldn't want to spill my cocoa would I?
LES

I think that answer more or less nails it for UK, but it would be good to hear more about France and Spain.

I think the answer here in Poland would be similar to UK. I will ask the policeman downstairs, but he is not traffic, just small firearms instructor.

Geoff

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[cmcardle75]

I think that answer more or less nails it for UK, but it would be good to hear more about France and Spain.

I think the answer here in Poland would be similar to UK. I will ask the policeman downstairs, but he is not traffic, just small firearms instructor.

Geoff

My understanding was that most European criminal justice systems don't have the concept of drunk in charge. You have to be caught moving. However, I may be wrong on this and there's probably lots of variation.

 

[gpat]

Some good comments here. Just to note that the onus is on the Police to prove that you are guilty and not the other way round.

I did have a friend who slept in his car after a heavy night out. He was arrested and charged with DIC. He got a lawyer and got off within minutes. He had taken a sleeping bag and planned to sleep in the car.

 

[Chrisvh]

There appears To be a concern over bobbies knocking on Motorhome doors and finding occupants with drink in their hands. Firstly the officer has to have reasonable concern that the occupant is likely to commit an offence, so drink in hand doesn’t mean that you are going to drink and drive, and as long as the vehicle was parked off road not on the side of the road or in a lay-by,the keys are put away, I would put them in a draw (this to a degree solves the ‘in charge issue, stuff spread about to indicate you are not moving, maybe plates in sink, all evidence that you are not very likely to be moving on, will probably protect you if some over zealous officer decided to take you to the nick.
I have asked a few of my ex colleagues from the Police and all said the only time they would do anything is if the motorhomer was objectionable or was parked in a obviously temporary location, industrial estate, lay-by on a road.

Offer the officer a brew and Show you are not moving on anytime soon will help.

I agree 100%. The incidents I recall were all initiated by the occupants of the MH behaving like buffoons.

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[CamperJack]

I don't plan on drinking while wild camping. Then there is no danger. I don't count pub stop overs in this rule though.

You are there with the permission of the manager / owner who you have presumably told you will be spending the night. I'm sure they could vouch for your intentions and if you're there with permission I cannot see what business a copper would have trying to make you move.

Has anyone ever actually been approached on a pub car park in a van / MH? I doubt it.

 

[scotzsue]

Never had to think about it but suspect John would enjoy his beer or /and single malt while I would have the keys and tonic no gin.

 

[Rob1562]

I have some experience of this , having been a traffic/ARV officer for 25 years.
The simple truth is that if you are over the prescribed limit in your van then the offence of DIC is complete. It is not for the Police to prove that you were going to drive, but for you to prove that you were NOT.....this can be proven in any number of ways....if one of you is not over the limit, then OBVIOUSLY, they were the one that was going to drive the following day!
I cannot recall any officer in my force ever arresting a MHer for DIC.....the reason being (as mentioned above) there are lots of other pressing jobs to be getting on with !
I'm pretty sure that if you are honest, polite and welcoming then any officer would "have a quiet chat" with you and when you explain that your intention was to have a good nights sleep, then wake up, have a large fry up, go for a brisk four hour walk and return, before even considering driving then it would be "thank you and have a good night"
HOWEVER......if you are completely ar*****ed, can't stand up, and are totally objectionable with the Police then watch out, you could find yourself in the cells until sober when you would be interviewed and given your chance to prove you had no intention of driving.
Regards, Rob.

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[Spriddler]

I dont wear any PJ,s never have done,

That should put any plod off wanting to hang around to question you.

 

[Grummyb]

As it's only me and Marleydog if I hang the keys on his collar would that class as him being in charge of the van then i can get rat arsed

 

[cmcardle75]

Some good comments here. Just to note that the onus is on the Police to prove that you are guilty and not the other way round.

I did have a friend who slept in his car after a heavy night out. He was arrested and charged with DIC. He got a lawyer and got off within minutes. He had taken a sleeping bag and planned to sleep in the car.

Actually not quite true. The defence requires you to do the proving. However, it is quite simple to do when you're in a motorhome. Somewhat harder in a car, but quite doable.

In your friend's case, the obvious planning involved by bringing a sleeping bag was clearly enough to persuade the court. In the motorhome's case, you've brought along the bed, toothbrush and pyjamas as well!

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[BillyKontiki]

As all above comments don’t be an arse, have your van arranged showing no intention of driving, offer the officers a dram which they will politely refused And if you’re moh requires to be moved for some unforeseen reason I am quite sure that they will move it for you.
99% of cops are alright unless your being a DICK.

 

[TinaLes]

That should put any plod off wanting to hang around to question you.

Oh I dunno, according to The Antiques Roadshow, carrying a Truncheon, can be deemed as an offensive weapon these days.
LES

 

[DumfriesDik]

Has anyone ever had any altercations with the boys in blue whilst parked up,

Nobody has admitted to it, which makes it seem it must be very rare. Are you planning to do a social experiment with all this information?!