Drink / Drive over the limit

[DavecUK]

If in a motorhome or campervan , park off the public highway preferably an accredited camp site

Just to prevent people falling inadvertently foul of the law and getting a conviction, I feel I must say: parking at an accredited camp site in many/most cases does not protect you as just like supermarket car parks (which are not public land), most are considered a "public place", note the wording isn't "public land". You can be convicted in a supermarket car park, same in a camp site. However not on private land. Farmers field, your garden, possibly driveway etc...which are not public places. The driveway is a tricky one because of something called an "implied right of access". So if you had a gate, no problem, if you don't, then they would try to convict you.

Please be careful as you may be in a motorhome, on a campsite, have a few beers, be tucked up in bed and be convicted!!

 

[Paul Mason]

This is bollo***! Similarly a person can't be charged with shoplifting until they leave the store without paying, even if they have pocketed the item. A good lawyer would have police in court for wrongful arrest, compenstion inbound!

This is wrong, I'm afraid. You can be arrested and charged in such circumstances. However, the Crown have to prove an intention to 'permanently deprive' , so in practice, they wait until you have passed the checkout to make this easier

 

[johnb80]

I think , whether or not the law's an ass , the solution is pretty straight forward . If you go out for the night don't drink or ,alternatively , don't take the car or keys .
If in a motorhome or campervan , park off the public highway preferably an accredited camp site

I don't drink at all but I really feel this is grossly unfair for motor homers or caravanners that may stop overnight in a layby, have some wine with a meal to continue their journey the next day.

 

[MGCamb]

Sitting slightly tipsy in my motorhome at present in a public place, I am not too concerned as the blinds are drawn at the front and along one side as I gaze out the other towards the North Sea and Fife. The same circular debate about intent happens on Motorhome forums from time-to-time. No one has been charged, to my knowledge. Policemen have better things to be doing.

 

[Rolfe]

The trick is they aren't doing you for drink driving. It would be drunk in charge, which is a separate offence. Like it or not, that's the law as it stands.

Because they're not - as previously explained, they'd do you for drunk in charge.

Edit: I posted just as Jim's post arrived.

Yes, but as previously posted, it is a defence if you can show that there is no likelihood of you actually driving. Define that, seems to be the key. They didn't say "no possibility", which would be impossible to prove, but what does "no likelihood" actually mean? Tucked up in bed in your jammies and sound asleep would seem like a decent shot at a defence to me.

 

[DavecUK]

but what does "no likelihood" actually mean?

It means you have to prove a negative for a future event, which isn't easy. The Law firm below can "help" for a big fee I would guess... but in all the blurb, down at a point your eyes glazed over is this statement on their site. Which is a bit of a shocker, but proving a negative (that you were not going to do something) is nigh on impossible. The police and courts will push very hard for a conviction and I suspect usually win.

Drunk in Charge of a Vehicle Advice - JMW Solicitors

If you have been accused of being drunk in charge of a vehicle, seek legal advice from our motoring offence experts immediately. Call JMW today.

www.jmw.co.uk

However, it is important to note that the intention to drive while under the influence of alcohol is not required for a charge of being 'drunk in charge.' Merely being 'in charge' of a vehicle while over the legal alcohol limit can be enough for a conviction, regardless of whether there was an intent to drive.

 

[Ruislip Resident]

Just to throw a curve ball in here. What if you don't have the key on you, but you do have a phone with an app than can start the engine or even just a phone that can downoad the app, but which has not had it downloaded yet?

 

[DavecUK]

Just to throw a curve ball in here. What if you don't have the key on you, but you do have a phone with an app than can start the engine or even just a phone that can downoad the app, but which has not had it downloaded yet?

Yer perfectly safe with an MG4 then...there is an app (I think), but whatever it is, it doesn't work.

 

[tsedge]

Yes, but as previously posted, it is a defence if you can show that there is no likelihood of you actually driving. Define that, seems to be the key. They didn't say "no possibility", which would be impossible to prove, but what does "no likelihood" actually mean? Tucked up in bed in your jammies and sound asleep would seem like a decent shot at a defence to me.

I agree.

This isn't about proof. There is no such thing - just evidence and argument.

You can defend by showing your evidence that you were not likely to drive (in a bed, wearing pyjamas, keys secured) and then mount your argument that this means there was no likelihood of you driving.

Whether you'll win or not, is another matter.

 

[maskull]

Not sure if the Pyjama defence would stand up in this day and age . How many people do you see shopping in their pyjamas these days ? Quite a few around these parts .
I was at a Mcdonalds one morning and a car load turned up in varying apparell , from shorts ,to pyjamas and the girl in the back of the car wearing her birthday suit .
Had they just come from the party or got the munchies half way through before returning ?

 

[DavecUK]

shopping in their pyjamas these days ? Quite a few around these parts .

Years ago when my kids were little, it seemed 70% of the mums were wearing slippers, PJs and/or dressing gowns when dropping their kids off. Not driving cos you're in PJs does not seem to be a valid defence.

 

[Alansurfer]

Yep, realise that, but it's still cobblers, that you can be done for just sitting there or asleep or whatever, but not actually moving. And nothings gonna change me mind about that. ?

If you’re in a public place not on private land you may be required to move the vehicle at any time- for instance if there is an emergency situation, if solo and inside the vehicle you are responsible for it and need license, VED, insurance and must follow the road traffic laws and regulations.
I was breathalysed in my camper van at 2am in a lay-by on the A303, I’d just come back from walking the dog round a field and ready for bed, routine drink drive checks were being carried out on vehicles parked up on the route. I was clear as knew to wait to drink until on campsite.

 

[Andrew Sinclair]

I would imagine that there would be a standard defence of ‘driving an MG’ because the chances of there being a software fault and the being immoveable / undriveable is relatively high.

 

[salty]

I would imagine that there would be a standard defence of ‘driving an MG’ because the chances of there being a software fault and the being immoveable is relatively high.

What you mean like.....
Judge... What was the car?
Prosecutor... an MG, m'lud.
Judge... ah, case dismissed.
?

 

[Andrew Sinclair]

What you mean like.....
Judge. What was the car?

Yes….”An MG? Case dismissed, next…”

 

[ozzz]

Just to throw a curve ball in here. What if you don't have the key on you, but you do have a phone with an app than can start the engine or even just a phone that can downoad the app, but which has not had it downloaded yet?

Hi in Australia u can’t hold a phone and be in the driving seat it has to be placed in a hands free phone device, still the police has to prove intent that u will operate a vehicle when DUI .

 

[siteguru]

Hi in Australia u can’t hold a phone and be in the driving seat it has to be placed in a hands free phone device, still the police has to prove intent that u will operate a vehicle when DUI .

You don't need to hold the phone at all, other than to open the app so you can unlock the car and start it. Then you simply put it down before you drive off.

That was the point being made - you can unlock and start the MG4 simply using the app; you don't need the physical key in your possession at all. Does the law account for that scenario, especially if you haven't even installed the app on your phone yet (but could easily do so)?