Drunk in charge whilst asleep. (4 Viewers)

[daventess]

Just came across this video. In summary, if you sleep in your motorhome whilst drunk you are technically in charge of that vehicle whilst drunk and could be prosecuted (the motorhome bit is towards the end) :



I assume this is only when on public roads, but even so.

Thoughts?

 

[Cush]

Might be a myth but I remember something about the keys having to be in the ignition for that accusation to be levelled at you. We’ll see

 

[David and Sally]

Technically yes. But there has to be an intention to drive and this can be avoided by not having the keys in the ignition or on your person, turning the seats around, putting on a steering lock etc.
Applies to a highway or other public place. A public place is defined as a place the public have access to by way of payment or otherwise. So a campsite could be a public place.

 

[JRT]

This seems to have been running for many many years.

Has anyone been prosecuted or does anybody know anyone who has ever been prosecuted?

(Not somebody who knows somebody who heard somebody down the pub had been).

 

[Figaro]

It's been discussed before, police would have to prove an intention to drive which would be difficult if you were in bed asleep

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[daventess]

It had just never occured to me, tbh. Got tipsey in a pub carpark stopover the other week ...

 

[Jim]

Yes, no getting away from it, if drinking in the van you are guilty of the offence. But you have a defence if you can prove you have no intention to drive.

Drinking Alcohol in Your Motorhome

Drinking alcohol in your motorhome in a public place is illegal, however, you have a defence it is obvious you do not intend to drive.

www.motorhomefun.co.uk

 

[David and Sally]

Has anyone been prosecuted or does anybody know anyone who has ever been prosecuted?

Yes. In a previous life I arrested a chap asleep in his car in the gate area of the local rugby club.
He was over the limit and at interview (stupidly) admitted that he would have driven home about an hour later. Had he said he would drive in the morning when sober he would probably not have been charged.
So, basically show and demonstrate no intention to drive.

 

[Jim]

It's been discussed before, police would have to prove an intention to drive which would be difficult if you were in bed asleep

No, the police don't have to prove anything, you are already drunk in charge. It's you who has to prove you had no intention of driving

 

[meanders]

As said, it's been discussed here many times, and no I do not recollect ever seeing such a prosecution. It's a bit like the thing about getting your head down in a layby when over tired, but it says no camping. Technically they could do you, but I suspect if they ever did, there would be a massive outcry because we are constantly told if tired we should stope and get some shuteye.

However, I have been concerned more than once when away on rallies with Fun where the drinking has gone on very late and people have had a skinful by the noise level, but get up next morning and drive a 3.5 ton or heavier killing machine while probably still under the influence.

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[David and Sally]

No, the police don't have to prove anything, you are already drunk in charge. It's you who has to prove you had no intention of driving

Spot on.

 

[Jo662]

This seems to have been running for many many years.

Has anyone been prosecuted or does anybody know anyone who has ever been prosecuted?

(Not somebody who knows somebody who heard somebody down the pub had been).

Similar to when someone’s mate of a mates Grandads dog got gassed in France!

It had just never occured to me, tbh. Got tipsey in a pub carpark stopover the other week ...

that wouldn’t be a problem as on private land.

 

[westhamman]

The police don't have to prove intention to drive, as you would be in charge of the vehicle. I have no knowledge of anyone ever being woken up and arrested for being in charge.

 

[David and Sally]

that wouldn’t be a problem as on private land.

A pub car park can be a public place if it is open to the public. There would be an offence.

 

[Jim]

This seems to have been running for many many years.

Nothing has been running. The question gets asked and answered now and again, that's all

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[JRT]

Nothing has been running. The question gets asked and answered now and again, that's all

Forgive me but that is what 'running' means.

I've seen it mentioned on forums for years. Many years.

 

[David and Sally]

At a campsite I used to frequent campers used to drive their cars to just inside the gate, park up and walk across to the pub opposite.
After having a few they would walk back over the road and drive back to their pitch.
Being a public place they risked being prosecuted.

 

[Jim]

Forgive me but that is what 'running' means.

I've seen it mentioned on forums for years. Many years.

Yes, most topics come around in a circle on a forum, especially large, busy ones.

 

[JRT]

At a campsite I used to frequent campers used to drive their cars to just inside the gate, park up and walk across to the pub opposite.
After having a few they would walk back over the road and drive back to their pitch.
Being a public place they risked being prosecuted.

Yup.

People don't always understand what the definition of a 'public' highway is.

 

[David and Sally]

.

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[daventess]

Does this kind of thing happen in France et al?

 

[JRT]

Yes, most topics come around in a circle on a forum, especially large, busy ones.

Indeed I don't think I said otherwise Jim.

I was simply making the the point that despite the fact it's been propagated for many years on many forums I don't know of anyone who has been prosecuted for the offence in such circumstances.

 

[David and Sally]

Yup.

People don't always understand what the definition of a 'public' highway is.

A highway iis a Public place and is a highway. A public place can be on private land too. Eg, campsite, pub car park, supermarket car park.

 

[Soycd]

You really would have to hope that knocking on motorhome doors to breathalyse sleeping campers would be way down on a local constabulary's list of priorities. I'm assuming that to be 'in charge' you have to be actually in the vehicle. If that's the case then next time I have a beer (or 2) I'll sleep in a small tent beside the van.

 

[David and Sally]

You really would have to hope that knocking on motorhome doors to breathalyse sleeping campers would be way down on a local constabulary's list of priorities. I'm assuming that to be 'in charge' you have to be actually in the vehicle. If that's the case then next time I have a beer (or 2) I'll sleep in a small tent beside the van.

That would be Drunk with intent.

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[Dickyb]

I would only drink if I was either on a campsite or felt 100% safe, we always put the keys in the safe and the seats are always rotated, I definitely wouldn’t drink if I thought there was a chance we could be moved on, if it were to happen as we both drive which one of us would be done ?

 

[Jim]

Has anyone been prosecuted or does anybody know anyone who has ever been prosecuted?

People are caught drunk in charge in cars and vans every single day. The law provides anyone who is drunk in charge with a legal defence, if they can show they had no intention of driving, they are not guilty.

If you are over the limit in a motorhome, you are just as guilty, but your defence comes much easier, and is easier to prove, than if you are in a car. Which is likely why you have never heard of it happening. It's very unlikely to happen.

A police officer is much more likely to believe you if you are in a motorhome, but it still pays to play it safe. You can show/prove your lack of intent in a number of ways as outlined in the article I posted above. Something as simple as a windscreen cover, for example, and you are likely not to be bothered at all.

 

[David and Sally]

I would only drink if I was either on a campsite or felt 100% safe, we always put the keys in the safe and the seats are always rotated, I definitely wouldn’t drink if I thought there was a chance we could be moved on, if it were to happen as we both drive which one of us would be done ?

Depending on the circumstances, possibly both. Either could drive. Either could show intent to drive. Both would have to prove no intent to drive.

 

[JRT]

People are caught drunk in charge in cars and vans every single day. The law provides anyone who is drunk in charge with a legal defence, if they can show they had no intention of driving, they are not guilty.

If you are over the limit in a motorhome, you are just as guilty, but your defence comes much easier, and is easier to prove, than if you are in a car. Which is likely why you have never heard of it happening. It's very unlikely to happen.

A police officer is much more likely to believe you if you are in a motorhome, but it still pays to play it safe. You can show/prove your lack of intent in a number of ways as outlined in the article I posted above. Something as simple as a windscreen cover, for example, and you are likely not to be bothered at all.

Yes, I know this.

Sorry if I have committed some sort of transgression by pointing out it's a rare if ever situation that somebody has been caught drunk in the circumstances outlined.

 

[Dickyb]

Depending on the circumstances, possibly both. Either could drive. Either could show intent to drive. Both would have to prove no intent to drive.

Thanks for that, you’ve confirmed my suspicions, it’s time the WIFE stopped drinking