Drink driving

Discussion in 'Motorhome Chat' started by Cat53, Oct 20, 2015.

  1. PeteH

    PeteH Funster

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    Would the answer be "But officer I don't WANT to drive".???????????.

    I have a perfectly good bed, access to sanitary facilities, the means to breakfast, and make Coffee or tea without so doing. (And being A retired old fart no particular place to go in a hurry!!!)

    Pete
     
    Last edited: Oct 22, 2015
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  2. DanielFord

    DanielFord Funster

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    Or indeed, so pi***d that in fact all you would reasonably be capable of is pointing at the car and giggling. Been there a few times! :D
     
  3. Cavs

    Cavs Funster

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    Yes, it probably would. The process involved is along these lines:

    The circumstances would indicate who is in charge of the vehicle if there is more than one driver available. Usually, the person who last drove it and parked it would be in charge unless there is evidence to show differently, such as the drunk coming out to the car in the pub car park and trying but failing to drive it.

    The person deemed to be in charge is in charge regardless of the location of the keys or intention to drive. (The wording in the Mary Monson article referenced above is wrong in this respect.) It is arguable that you could be in charge of a vehicle while you are indoors and the car is parked in the road outside.

    You commit an offence if you are in charge of the vehicle while over the prescribed limit; the burden of proving this is on the prosecution. As referenced above, it is a defence to this charge to prove that there was no likelihood of you driving while over the limit; the burden of proof for this part is on you (the accused). Anything can contribute to the circumstances that would show this but it is helpful to show some positive decision-making or agreement such as asking the pub landlord if it's OK to stay in his car park overnight (as in Pub Stopovers, etc.). Putting the keys away, having the table set for a proper dinner, making the bed up, putting steadies down, etc. would all contribute to showing a deliberate decision not to drive while over the limit. Injuries to the person in charge and damage to the vehicle are specifically excluded from showing this, and so would being too p**sed to drive!

    If the prosecution (initially, the officer doing the checking at the scene) disputes your evidence that there was no likelihood of your driving while over the limit, the burden of proof reverts to the prosecution to disprove your defence. If the circumstances and your 'defence' evidence are reasonable, in practice this is very difficult to do. (It would be easier if you were rat-a*sed and told the old bill you had to be at work at 8am the next day!)

    All these burdens of proof apply in court during the hearing, but the same considerations will be used by the officer in deciding what course of action to take at the scene, and the better your argument advancing the defence (of not likely to drive), the more likely the officer will take no action.

    Understanding all this, I have no qualms whatsoever about using pub stopovers after a good meal with wine or a couple of beers, and I wouldn't be concerned about car parks, etc., either. I hope this helps to reassure and perhaps dispel some myths.
     
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  4. gus-lopez

    gus-lopez Funster

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    If they woke me up they wouldn't need to be worried about drink driving but assault with a deadly weapon. :mad:
     
  5. Peter Ashcroft

    Peter Ashcroft Funster Life Member

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    and as the above post states, my point was relating to the fact that you clearly have no intention to drive if the keys are not on your person. and yes most vans do have 2 sets of keys, however 1 is usually a spare key which unless I am the only one that does it, is left at home.
     
  6. Wildbill

    Wildbill Funster

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    Putting down the steady's and levelling ramp would take away the intention to drive as the above post stated
    but I have in twenty years of motorhoming never ben asked to move and never wored abut having a drink park sensibly and you wont have a problem
    bill
     
  7. PeteH

    PeteH Funster

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    I think. The Answer is "what is considered reasonable"?.

    Reasonable. No more drunk than will eliminate before (Intended) driving.
    Reasonable. Having all the appearance on not intending to move the vehicle in that time period.

    I personally would be happy the defend that before a Judge.

    Pete
     
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  8. Greytop

    Greytop

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    Not quite, during pub opening hours that is the case, when the pub is closed the pub car park becomes private land and therefore not subject to the same laws.
     
  9. Peter Sansom

    Peter Sansom Funster

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    Definitely a bit of a grey area I think. Have often wondered about it. The campsite is the obvious answer. The wild camping probably a bit dodgy as if you were asked to move on and you told the gent in blue that you were smashed he would get you on a lesser charge of obstruction, parking in an area wot was'nt s'posed to be parked on... or terminally bad breath or something. As for the fluffy carpet slippers and kimono thing...well, all you need are the handcuffs to complete the scene!
     
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  10. scotjimland

    scotjimland Funster Life Member

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    Advice from the forum owner.. Jim
    more on Wild Camping here http://www.motorhomefun.co.uk/portal/a-beginners-guide-to-wild-camping-in-your-motorhome/

    Alcohol and the Wild-camper

    when wild camping you should consider that you might be asked at any time to “move on” by the landowner or even the police. for this reason, you should always be fit to drive when camping in a public place.

    In the UK and some European countries there is a “drunk in Charge” law which means that you commit an offence just by being in charge of a vehicle when over the driving limit. If you were charged with this offence, then you would have to prove that your intentions were to sleep and not drive. One would hope that a Police Officer would use common-sense when seeing you in your pyjamas and realise you have no intention of driving. However common-sense seems to be less common these days, so the advice has to be, do not drink too much and wild camp.
     
  11. GWAYGWAY

    GWAYGWAY Funster

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    You SHOULD get dressed before opening the door, the Sussex police shot a man dead in his room when stark naked, they said he had a deadly weapon,
     

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