KD Posted March 18, 2007 Share Posted March 18, 2007 does anybody know if it possible to be guilty of drink driving if you have had or are having a drink but parked or sleeping in your motorhome. dean Link to comment Share on other sites More sharing options...
colin Posted March 18, 2007 Share Posted March 18, 2007 I'm sure someone who knows will be along soon, but, I believe the charge is 'drunk whilst in charge of a motorvehicle' which applies wheither parked or moving. Link to comment Share on other sites More sharing options...
Guest starspirit Posted March 18, 2007 Share Posted March 18, 2007 There was a very long thread on this topic a while back and a suitable search should find it for you. Link to comment Share on other sites More sharing options...
KD Posted March 19, 2007 Author Share Posted March 19, 2007 no didnt see the other thread maybe you could quote Link to comment Share on other sites More sharing options...
Guest Frank Wilkinson Posted March 19, 2007 Share Posted March 19, 2007 How can we quote? It's a long thread with differing opinions. Do a search, find it and then read it? People on this site are very happy to help but you have to make some effort yourself. Link to comment Share on other sites More sharing options...
KD Posted March 19, 2007 Author Share Posted March 19, 2007 Well that's a bit harsh Frank! We have put some "effort" in and have done a search but not found anything. We have been made to feel very welcome and got some great advice from here and thought that if we had any questions we could ask. When we have more time we can sit and do a proper search but sometimes you want a quick answer and hope that someone is online who can help there and then. No need to be so frank, Frank Link to comment Share on other sites More sharing options...
Roy Posted March 19, 2007 Share Posted March 19, 2007 As said, this topic has been aired many times in the past. It has never actually been resolved but the true answer is that if you are in you van in a public place, the driver should not drink any alchohol. If you are on private property with no intention of driving, the situation may be different.Roy Link to comment Share on other sites More sharing options...
Basil Posted March 19, 2007 Share Posted March 19, 2007 Hello K&D, I do agree with you that the search facilities can be a bit iffy on here as on other sites, some seem to get on ok with it others don't so just keep asking your questions if you feel the need at some stage there are those that are more constructive that will help if they can! I rarely find what I am looking for by a search so normally end up trawling through the posts, but as you say this takes time. Having said that, partly as an apology for certain fellow members, the thread that is being referred to is quite diverse and also quite long and for you to make your own decision you need to read it, sorry I am one of the stupid ones on here who is unable to work out how to post a link to it. But to sum up what I believe from reading through the thread at the time, technically if you are in possession of the keys and a police officer deems you are preparing/ intending to drive you could be breathalysed and prosecuted, this includes being parked on laybys etc as they are considered part of the highway. It's to do with 'the balance of probability' apparently and a court would have to decide whether you were or not in charge of the vehicle. From my point of view do you want to take the chance? Bas Link to comment Share on other sites More sharing options...
Brian Kirby Posted March 19, 2007 Share Posted March 19, 2007 Try this link, and look at the page one posts. It should help. The search facility is quite useful, but you do have to spend a while working out how it works. However, don't worry, you'll get there in the ned. We all have - more or less! http://forums.outandaboutlive.co.uk/forums/forums/thread-view.asp?tid=4759&posts=57 Link to comment Share on other sites More sharing options...
Millhey Posted March 19, 2007 Share Posted March 19, 2007 My better half, who worked for many years in the magistrates' courts, tells me the following - strictly her personal opinion: If you are parked in a recognised camping site, in a vehicle that is clearly and properly equipped for sleeping and eating, then you should be safe. Remember though that you do have to be careful. For example, if you were parked and wild camping in a lay by, then it could (and probably would) be assumed by the authorities that since this was not a recognised camp site, you were merely stopped and technically about to drive away. A similar assumption would be made if you were sleeping in a pub car park, even though mine host had given you permission to stop the night. If you want to be still safer, you should also remember that even on a recognised camp site, just by sitting in the driver's seat it could be assumed that you were about to drive the vehicle. Please don't ask whether this would still be the case if the seat was swivelled to the rear, because I've no idea! My guess is that it would probably be a reasonable defence. I suppose removing the ignition key might also be an indication that you had no intention of driving the vehicle. Let's be sensible about all this though. Call me naiive if you like, but I still believe the majority of police are actually quite a reasonable bunch, and I really can't imagine a situation where you would fall foul of the law whilst having a well-earned snifter after a long drive. You just need to be sensible. Outside of UK? Dunno. Link to comment Share on other sites More sharing options...
Guest Frank Wilkinson Posted March 19, 2007 Share Posted March 19, 2007 K&D - 2007-03-19 10:35 AM Well that's a bit harsh Frank! We have put some "effort" in and have done a search but not found anything. We have been made to feel very welcome and got some great advice from here and thought that if we had any questions we could ask. When we have more time we can sit and do a proper search but sometimes you want a quick answer and hope that someone is online who can help there and then. No need to be so frank, FrankBut that's not what you said. You made no mention of the fact that you'd tried a search and failed but simply stated that you'd not seen the thread!You then asked us to quote! Here's the total content of the post to which I replied:no didnt see the other thread maybe you could quote Link to comment Share on other sites More sharing options...
Mel B Posted March 19, 2007 Share Posted March 19, 2007 Unless you know what you're looking for it's not always that easy to find previous posts, especially if you're new and don't know they even exist. Lets try to be nice to the newbies, they'll soon become 'oldies' like the rest of us and can help others. :-S Link to comment Share on other sites More sharing options...
michele Posted March 20, 2007 Share Posted March 20, 2007 Dear K& D the search you are looking for is Gas. Its at the top of this Motor home matters .... I,m sorry but i can not drop and drag it into here if you go to page three where you see my piccy that is the start of the law .. Hope this helps you .....The law is very plain read from page three onwards or the whole lot and you will see how it got onto drinking and driving.................Hope this help's Kindest Regards Link to comment Share on other sites More sharing options...
michele Posted March 20, 2007 Share Posted March 20, 2007 bump Link to comment Share on other sites More sharing options...
KD Posted March 20, 2007 Author Share Posted March 20, 2007 thanks to all the replies including franks still not totally sure but i think i dare chance a couple of pints if were hooked up on site. dean Link to comment Share on other sites More sharing options...
michele Posted March 20, 2007 Share Posted March 20, 2007 K& D so did you read my advice then ?.... Link to comment Share on other sites More sharing options...
KD Posted March 20, 2007 Author Share Posted March 20, 2007 yes thanks Link to comment Share on other sites More sharing options...
michele Posted March 20, 2007 Share Posted March 20, 2007 You are welcome hope it helps. Link to comment Share on other sites More sharing options...
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