Bullet Posted May 4, 2021 Share Posted May 4, 2021 So, if you were on an overnight pub stop or wild camping - you’ve had a few drinks, legally parked, not causing an obstruction and ready to bed down for the night, has anyone ever heard of anyone being breathalysed? (The pub being private land but still a public place) Assuming you weren’t driving and had no intention to drive, it’s my understanding that you could still be had for drunk in charge of a vehicle, even with silverscreens on, steering lock and in your PJs. Yes it would take a jobsworth copper with nothing better to do but still an offence and it would be down to you / the courts to prove you had no intention of driving. Link to comment Share on other sites More sharing options...
weldted Posted May 4, 2021 Share Posted May 4, 2021 I think you will find the definition being on a public highway whilst over the prescribed limit would be an offence. A pub car park or similar deemed private land even where public have access is not a public highway so no offence under the road traffic act. Link to comment Share on other sites More sharing options...
Deneb Posted May 4, 2021 Share Posted May 4, 2021 weldted - 2021-05-04 10:47 PM I think you will find the definition being on a public highway whilst over the prescribed limit would be an offence. A pub car park or similar deemed private land even where public have access is not a public highway so no offence under the road traffic act. The definition of the offence is being on a road or other public place. A pub car park is a public place if the public have access, implied or otherwise, whether the pub is open or closed. There could be circumstances in which it would be reasonable to assume that a person in the vehicle had no intention of driving whilst unfit through drink or drugs, and the possibility of police involvement is probably unlikely unless you were to draw attention to yourself or otherwise take an unfortunate attitude with an officer who might have cause to speak to you. If you are concerned though, the safest option is surely not to put yourself in that position. Link to comment Share on other sites More sharing options...
Derek Uzzell Posted May 5, 2021 Share Posted May 5, 2021 This is an old favourite. The question was asked in 2017 here https://forums.outandaboutlive.co.uk/forums/Motorhomes/Motorhome-Matters/Drink-driving/48419/ and some very dubious things were said. Deneb’s advice is definitive. Link to comment Share on other sites More sharing options...
stevec176 Posted May 5, 2021 Share Posted May 5, 2021 Section 5(1)(b), Road Traffic Act 1988 It is an offence to be “in charge” of a motor vehicle while over the legal alcohol limit. For a conviction under this section it is not necessary for the prosecution to prove that you were driving or attempting to drive. Rather, this offence can be committed where the vehicle is stationary and in circumstances where there is no immediate intention to drive. The offence usually arises when the police find someone sitting or sleeping within a parked vehicle after having consumed alcohol. (2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit. Link to an article in OutandAbout https://www.outandaboutlive.co.uk/motorhomes/news/alcohol-and-your-motorhome-know-the-law. Link to comment Share on other sites More sharing options...
Barryd999 Posted May 5, 2021 Share Posted May 5, 2021 Never going to happen. Dont worry about it. Ive had conversations with Coppers parked up in laybys just off the road up in Scotland while sat outside drinking. They never batted an eyelid just wanted to talk about the van. What if there were two or three of you in the van all drinking and all with driving licences? Who would they nick. Answer, nobody. Link to comment Share on other sites More sharing options...
Derek Uzzell Posted May 5, 2021 Share Posted May 5, 2021 Never going to happen? https://www.caravanclub.co.uk/club-together/discussions/welcome-hobby-talk/caravan-motorhome-chat/drunk-in-charge-of-a-motorhome/ Link to comment Share on other sites More sharing options...
Bulletguy Posted May 5, 2021 Share Posted May 5, 2021 Derek Uzzell - 2021-05-05 1:32 PM Never going to happen? https://www.caravanclub.co.uk/club-together/discussions/welcome-hobby-talk/caravan-motorhome-chat/drunk-in-charge-of-a-motorhome/ LOL "he was down north wales when it happened". Enough said! Welsh police are notorious for hounding motorists and applying law pedantry. Link to comment Share on other sites More sharing options...
StuartO Posted May 5, 2021 Share Posted May 5, 2021 Derek Uzzell - 2021-05-05 1:32 PM Never going to happen? https://www.caravanclub.co.uk/club-together/discussions/welcome-hobby-talk/caravan-motorhome-chat/drunk-in-charge-of-a-motorhome/ This is one of those "someone told ....." stories? Wouldn't the police wait to see if the vehicle moved before taking any action to step in? It sounds pretty unlikely that a court would convict if there was credible evidence that the intention was to stay the night, especially if the pub landlord backed the explanation up. Link to comment Share on other sites More sharing options...
stevec176 Posted May 5, 2021 Share Posted May 5, 2021 No, the police don't wait to see if you move it before stepping in, that could be very dangerous to try and stop an actual drunk driver. I did read that it's recommended to have the cab seats turned around and even on chocks to show you clearly have no intention of driving. The problem is how do you prove you don't intend to do something? Maybe leave the ignition key with the landlord?? Link to comment Share on other sites More sharing options...
Deneb Posted May 5, 2021 Share Posted May 5, 2021 StuartO - 2021-05-05 2:21 PM This is one of those "someone told ....." stories? Wouldn't the police wait to see if the vehicle moved before taking any action to step in? It sounds pretty unlikely that a court would convict if there was credible evidence that the intention was to stay the night, especially if the pub landlord backed the explanation up. If they waited for a vehicle to move, the offence would be driving whilst over the prescribed limit rather than being drunk in charge. There is a reason for the different offences. To be honest, I think the police at least in more populous areas are more often than not tied up with other matters that would dissuade them spending time investigating DIC offences. But sometimes if they are dealing with a problem individual known to be responsible for numerous matters requiring their time, something such as a simple DIC or drink driving offence can be a tangential method of dealing with the situation and they may not have the luxury of being able to sit around the corner for several hours just to see if the vehicle moves. Unlike Barry, I don't think anyone can categorically say it could never happen, particularly when I have personal knowledge of situations where it has happened - albeit with no relation to motorhomes though. One point to note though is that it is for the defendant to prove that there was no likelihood of driving whilst they were over the limit, and not for the police to prove the opposite. I don't know whether the C&MC post has any truth to it, any more than anyone else apart perhaps from the person that the author of that post claims to have been talking to, but in any case that is put before a court the prosecution must be satisfied that the circumstances and evidence, taking into account any explanation or evidence given by or on behalf of the defendant, are likely to result in a realistic prospect of a conviction. And as for two or three people in a vehicle all with driving licences, quite common to detain all of them where intoxication is suspected following road traffic collisions when the driver isn't known. Sometimes even those that may not have been driving come unstuck by failing to engage with the subsequent procedures they are legally required to follow, albeit resulting in a different charge. Easy to establish who the vehicle is registered to and who is insured to drive it as well. Link to comment Share on other sites More sharing options...
Barryd999 Posted May 5, 2021 Share Posted May 5, 2021 StuartO - 2021-05-05 2:21 PM Derek Uzzell - 2021-05-05 1:32 PM Never going to happen? https://www.caravanclub.co.uk/club-together/discussions/welcome-hobby-talk/caravan-motorhome-chat/drunk-in-charge-of-a-motorhome/ This is one of those "someone told ....." stories? Wouldn't the police wait to see if the vehicle moved before taking any action to step in? It sounds pretty unlikely that a court would convict if there was credible evidence that the intention was to stay the night, especially if the pub landlord backed the explanation up. Also from a Tugger on the Caravan club forum. No doubt he also goes around telling stories about how motorhomers get gassed. (lol) Sounds like a load of tripe to me. Link to comment Share on other sites More sharing options...
Derek Uzzell Posted May 5, 2021 Share Posted May 5, 2021 Barryd999 - 2021-05-05 5:31 PM ...Sounds like a load of tripe to me. As you’ve contributed to 12 Chatterbox forum threads in the last week, I bow to your tripe-spotting expertise.. ;-) Link to comment Share on other sites More sharing options...
Barryd999 Posted May 5, 2021 Share Posted May 5, 2021 Derek Uzzell - 2021-05-05 6:09 PM Barryd999 - 2021-05-05 5:31 PM ...Sounds like a load of tripe to me. As you’ve contributed to 12 Chatterbox forum threads in the last week, I bow to your tripe-spotting expertise.. ;-) (lol) (lol) Link to comment Share on other sites More sharing options...
curdle Posted May 5, 2021 Share Posted May 5, 2021 Barryd999 - 2021-05-06 4:44 AM Derek Uzzell - 2021-05-05 6:09 PM Barryd999 - 2021-05-05 5:31 PM ...Sounds like a load of tripe to me. As you’ve contributed to 12 Chatterbox forum threads in the last week, I bow to your tripe-spotting expertise.. ;-) (lol) (lol) Is that a bashful mea culpa? Link to comment Share on other sites More sharing options...
Barryd999 Posted May 6, 2021 Share Posted May 6, 2021 curdle - 2021-05-05 10:01 PM Barryd999 - 2021-05-06 4:44 AM Derek Uzzell - 2021-05-05 6:09 PM Barryd999 - 2021-05-05 5:31 PM ...Sounds like a load of tripe to me. As you’ve contributed to 12 Chatterbox forum threads in the last week, I bow to your tripe-spotting expertise.. ;-) (lol) (lol) Is that a bashful mea culpa? No, I stand by what I have said, you have absolutely nothing to worry about having a drink or three wild camping. Its like I said, its like gassing. You wont find anyone that can give a direct "provable" Account of being done for this just for being sat outside their van or watching telly with a few vinos while wilding with no intention to drive. If it concerns people so much though, maybe wilding is not for you, use a campsite. Link to comment Share on other sites More sharing options...
Derek Uzzell Posted May 6, 2021 Share Posted May 6, 2021 As I said in my first post above, questions about being “drunk in charge of a motorhome” have been asked many times over the years. https://tinyurl.com/37ewfc7v This website goes into considerable detail https://www.motorhomeprotect.co.uk/news/can-you-drink-alcohol-in-your-motorhome/ and includes the following advice Be prepared If you’re going to drink in your motorhome then follow these steps to protect yourself. Before even your first sip of alcohol, you must: - Ensure your motorhome is already parked up for the night. Do not take the risk of having to move it later to the right place, even if it's just a short distance or manoeuvre. A large motorhome is tricky to handle at the best of times. - Make sure your motorhome isn’t causing an obstruction. You don’t want to have to move it later. - Have some evidence that you’re planning to stay for a while, so you could prove your intention to sleep overnight in the motorhome rather than driving elsewhere. For example, put your silver-screens in the windscreen, pop on a steering lock and put jacks or steadies down. After you've had a drink of alcohol, you must: - Pop the keys in a safe if you have one. - Never start up the engine in your motorhome, even to charge batteries. - Never place the key in or anywhere near the ignition. - Never sit behind the steering wheel or in the driver’s seat if it’s facing forwards. As Deneb said above "If you are concerned though, the safest option is surely not to put yourself in that position.” It should be plain that the risk of being successfully charged with being “drunk in charge of a motorhome” is likely to be very small, but that doesn’t make the risk zero. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.