Drink Driving

[colin(bridgend)]

A point has arisen on another web forum regarding drink driving. Should you be in bed in a caravan attached yo a car/motorhome in a lay by or public car park and had a little too much to drink can you be arrested for drink driving? If you have the vehicle keys with you, you are technically in charge of the vehicle.

On a private site or in a pub car park how is the law interpretated? Going to extreme - if you are at home and the car is parked on your drive or the highway and you have had too much to drink are you committing an offence if the vehicle ignition keys are in your pocket?

A very interesting situation which should be clarified - are there any police or retired police members on this forum who can shed some light on the subject?

 

[RogerL]

The "safe" answer to this question is - don't have your car keys in your possession if you've been drinking, where-ever you are.

Drivers have been successfully prosecuted for drink-driving just for getting their belongings out of their car before walking home.

 

[Tankie]

If you can be "Done" while asleep in your caravan/motorhome after having a drink or two, then why dont HGV Drivers get "Done" while asleep on Truckstop parks?? I was a driver for 24 years after leaving the Army and never had a problem, mainly because I never had more than a couple of shandys, even this depended on what time I was starting next morning! However, I do know that drivers have been stopped after leaving the Truckpark only to find a Police roadside check down the road and invited to "Blow in here please sir".

Tankie

 

[colin(bridgend)]

If you can be "Done" while asleep in your caravan/motorhome after having a drink or two, then why dont HGV Drivers get "Done" while asleep on Truckstop parks?? I was a driver for 24 years after leaving the Army and never had a problem, mainly because I never had more than a couple of shandys, even this depended on what time I was starting next morning! However, I do know that drivers have been stopped after leaving the Truckpark only to find a Police roadside check down the road and invited to "Blow in here please sir".

Tankie

Tankie was the truck stop ground private property or a public park? If it is was adjoining a transport cafe for example it would be private land and may not come under the juristiction of the law.

 

[Tankie]

Tankie was the truck stop ground private property or a public park? If it is was adjoining a transport cafe for example it would be private land and may not come under the juristiction of the law.

The same applies to public carparks I've used, that allow trucks on between 1800 - 0800hrs And roadside laybys close to pubs that do meals. The police then seem to wait until the key is in, the engine is fired up and the curtains are drawn back, if they are not drawn back it usualy means his "Nightheater" is'nt working!!

Tankie

 

[Tankie]

Tankie was the truck stop ground private property or a public park? If it is was adjoining a transport cafe for example it would be private land and may not come under the juristiction of the law.

The same applies to public carparks I've used, which allow truck parking between 1800 - 0800hrs. Also to roadside layby's close to country pubs which do meals. The police appear to wait until it is obvious the truck is going to be driven, ie- engine running and curtains drawn back, if they are not drawn it usually means he hasn't got a "nightheater" or it isn't working!! But the keys will be in the cab & more than likley in the ignition! And Plod would know that.

Tankie

 

[Steve L]

The simple answer is DON'T DRINK period.

If you're going to be in charge of a vehicle at all, be it sleeping in a lorry cab, or sleeping in the caravan attatched to the car, then in the eyes of the law you are deemed to be the person in charge and should therefore be in a fit state to drive.

Quite frankly if one cannot wait until they are either back home or safely pitched on a caravan site to have a tipple, then the question has to be asked, "do I want a drink or is it a case of NEED a drink".

Surely the safety of your friends and family come first above any tinnies.

 

[JeffinSpain]

Colin, it has long been my belief that a motorhome, and possibly a caravan are classed as a dwelling, forcing the State Stormtroopers, oops, i mean Police, to get a search warrant, in order to enter, but i fear that if your name is on the bullet, so to speak, and the fact that your in possession of a "CARAVAN" being sober won't stop the Revenue Rangers, oops again, Police from nicking you for something or other, and of course all this will happen at 3am, as for me, i just say, Bovvered, am i Bovvered, look at my face, do i look Bovvered etc etc,

When was the last time you heard of a Caravanner being nicked for drink driving, about as rare as a copper letting you off your number plate light not working.

Happy Vaning one and all.

 

[Phil_5080771]

The application of the law has changed recently about this. If you are found 'in charge' of a motor vehicle, (and there is no evidence you have driven whilst intoxicated), the police will have to prove that you will still be over the limit / unfit when you are next driving the vehicle. The upshot of this is that if you can genuinely show you are bedded down for the night, and not going to drive whilst intoxicated, you are highly unlikely prosecuted. This does not mean you aren't likely to get arrested and subsequently interviewed, it means you are more likely to get released 'with no further action'.