Drinking, driving the law ?

firebird123

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Can we be asked to take a breathtest, by the Police, after drinking(more than you should) and then, sleeping in a Motorhome in a lay-by, or a bit of rough ground at the side of a road ?
 
Nov 18, 2011
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Never had a problem curtens closed setting aria shut from driving aria even had a traffic cop in for a cuppa while I sat drinking a beer.
free parked lodes of places have in all my years never had a problem.
 
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We had a situation in our local paper where a person was reported to the police for drink driving. When the police arrived at the car the person was sat in the driving seat but with it reclined and no keys in the ignition. He advised the police that he knew he had drunk too much but was not going to use his car until he had sobered up.The police just advised him not to drive until he was alcohol free..
(They then had the town CCTV cameras turned onto his car to keep an eye on him ).
An hour later he was seen to drive off and the police nabbed him. breathalysed him and we was double the limit.He was not breathalysed till he moved his vehicle.
 

trekkin

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Sure you would be ok, as long as the keys were not in ignition, so no radio on, Just worry about what would happen if you were "asked" to move on?
 

pappajohn

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If they suspect you intend driving then yes.

If you obviously have no intention of driving......keys out of ignition and tucked up in bed in yer pygamas with a mug of cocoa......then it would be a miserable copper to do you....
 

simply

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ahhh, but there are some miserable coppers around. If you want to drink then park up on a campsite - you know it makes sense !
 

PP Bear

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We've covered this topic a number of times before and we've all given similar answers too :)

I think common sense should rule here. If you park in a dodgy area whereby the police might very well come knocking, then we'd need to apply logic in the first place and maybe not pop the cork in that bottle of plonk :)

Conversely, if we're tucked up tight and cozy in a spot that's not going to draw attention to ourselves, then I should think we'd be quite safe and sound all night :)

On a side note, if we did happen to drink in slight excess that night, then we also need to think about the morning after breath tests, as many have been caught out by it when they've set off on their journey :)
 
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A friend of mine is a truck driver and we had this conversation not so long ago.
If he had a few drinks at night and parked up for the night and slept in the cab, he said that if the coppers came knocking, breath tested him to positive, he would be charged - even though his keys were not in the ignition.
My personal reckoning is it depends on where you parked up (I.e parking bay or camp site) and what the likelihood of you getting behind the wheel is in the coppers eyes whilst you're under the influence.
Best bet is don't do it and save your licence
 

Flyingscotsman2

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Can we be asked to take a breathtest, by the Police, after drinking(more than you should) and then, sleeping in a Motorhome in a lay-by, or a bit of rough ground at the side of a road ?
U can be asked any time. If the keys are not in the ignition or on your person your ok but if your so pissed they can do u for being in charge of a motor vehicle. Just be sensible
 

Techno

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I don't see an offence unless you move the vehicle. If asked to move after a drink then the best option is to refuse and get done for a lesser charge.
 
D

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I don't see an offence unless you move the vehicle. If asked to move after a drink then the best option is to refuse and get done for a lesser charge.
You can still get a ban for the lesser charge - drunk in charge of a motor vehicle. Happened to a friend of mine years ago. He was asleep in his, didn't even get told to move on, just breathalysed.

Edit: Just found the link below. Answers the OP question.

http://www.drinkdrivinglaw.co.uk/offences/in_charge_of_a_vehicle_with_excess_alcohol.htm
 
D

Deleted member 29692

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Same here and if I ever did have to park up somewhere public I wouldn't drink.
 
OP
firebird123

firebird123

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I agree with you all, but what if I had no intention, of driving, because I was tired and had driven for too long , and so had a drink ?
Who is to define a "Public place"
 
Sep 23, 2013
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Having read some of that link even a caravan park is a public place :LOL:
Correct.
A public place is anywhere to which the public normally has access. Car parks certainly are. A private staff car park is questionable, but if visitors are allowed to use it then definitely.

If you were to drive round a campsite that is open to the public while under the influence, I'm pretty sure that would be a prosecutable offence. However, unless you actually drove, you would have a pretty good defence claiming that there was no likelihood of you actually doing so. Deciding to change to a nicer pitch at 1am after a bottle of red is not recommended on many levels. Sitting under the awning, with the keys out of the ignition & placed in a locker (not in your pocket), you are on pretty safe ground.

But - no awning set up, so nothing to stop you moving. Have a drunken row with the warden & threaten to leave his poxy site & take your business elsewhere. Warden phones the police & says he suspects that you are about to drive under the influence. I don't think they would have to hang around the entrance & wait for you to leave. You are in charge of a vehicle in a public place & have demonstrated an intention to drive. Time to employ an expensive lawyer.

In a layby, it would be much more difficult to argue that you were unlikely to drive. You are now relying on the good will of the police not to report you, or of the CPS to decide it's not in the public interest to prosecute. Technically, the offence is 'being in charge'. You don't have to be driving.
 

TheBig1

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many many years! since I was a kid
had this very conversation with more than one traffic officer and even a judge. it comes down to the judgement of the officer at the scene, whether he/she considers the parking spot to be in a public place or beside a road and whether there is a possibility you will drive the vehicle whilst under the influence of drink or drugs

in practice theres always going to be the chance of being charged, even though many people get away with it for years. just be sensible and also learn how long alcohol needs to metabolise out of your system. over 24hours for the average man to get it out of their system

some on here are rarely sober enough to drive and just top up daily.....its russian roulette with your licence. do you have a plan on how to get home if the worst happened?
 
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