On a recent visit to a site in Devon I noticed a number of motor caravan owners imbibing heavily. On drove off the next morning . How does this reconcile with drink and drive laws? If you are over the limit in a motor caravan on site could you be deemed as drunk in charge of a motor vehicle?
Drinking / driving and Motor caravans
- Thread starter Morganic
- Start date
The short answer is Yes. If you are behind the steering wheel and are over the limit you are in fact guilty of DUI
What a strange question?
Drinking at home, or while on holiday, is no different, why single out the motorhome driver, the same conditions apply to the person towing a caravan the next day.
Drinking at home, or while on holiday, is no different, why single out the motorhome driver, the same conditions apply to the person towing a caravan the next day.
Hi Gumbo
There was an HGV driver breath tested in his truck at Dover Truckstop a few years ago he was taken to court by our boys in blue and the charge was thrown out ,the magistrate deemed the truck as the drivers home albiet a temporay one and the driver walked free.
You cannot be done for driking in your own home unless you actually start driving it , Sleeping it off in your car at the side of the road is a diffrent matter altogether.
Tom .
There was an HGV driver breath tested in his truck at Dover Truckstop a few years ago he was taken to court by our boys in blue and the charge was thrown out ,the magistrate deemed the truck as the drivers home albiet a temporay one and the driver walked free.
You cannot be done for driking in your own home unless you actually start driving it , Sleeping it off in your car at the side of the road is a diffrent matter altogether.
Tom .
Beg to differ on this,
Try It
Sit behind the wheel of your vehicle drunk and see what happens I will look up the case law so you can quote it when you get procecuted.
Try It
Sit behind the wheel of your vehicle drunk and see what happens I will look up the case law so you can quote it when you get procecuted.
Drinking at home, or while on holiday, is no different, why single out the motorhome driver, the same conditions apply to the person towing a caravan the next day.
Not quite fact Ray
Towing the next day and over the limit is fact and you would be booked.
Sleeping in a Motorhome I believe would be OK. I think on the basis of being reasonable and practicabile. Behind the wheel with the possibility of intent to drive would not be OK. As it could be construed that you intented to drive.
You couldn't drive a House or a Hotel bedroom, but a Motorhome you could
Not quite fact Ray
Towing the next day and over the limit is fact and you would be booked.
Sleeping in a Motorhome I believe would be OK. I think on the basis of being reasonable and practicabile. Behind the wheel with the possibility of intent to drive would not be OK. As it could be construed that you intented to drive.
You couldn't drive a House or a Hotel bedroom, but a Motorhome you could
Hi Gumbo.
Dover truckstop is or was private property i am sure you cant be done for drinking on private property the guy in question could obviously prove he had no intention of driving (such as tachograph records )as he was taking his rest away from his normal base.
Dover truckstop is or was private property i am sure you cant be done for drinking on private property the guy in question could obviously prove he had no intention of driving (such as tachograph records )as he was taking his rest away from his normal base.
Not a problem. I raised the question because I had concerns about the antics of some owners on the site who and the same applies to caravaners, supped up all night and then are on the road next day. Only difference with motor caravaners is they are in the vehicle possibly over the limit even if not driving have charge of the vehicle.
You can be done on private UK property for drink driving. UK relatice was done by the police for moving his car in his work place car park.
He'd been drinking in the social club and moved his car so it was under security cameras for the night as he was getting a taxi home.
Passsing police patrol car drove in to the private car park as he was locking the car. License lost for 15 months.
He'd been drinking in the social club and moved his car so it was under security cameras for the night as he was getting a taxi home.
Passsing police patrol car drove in to the private car park as he was locking the car. License lost for 15 months.
I'm siting in the house at the mo, drunk, trying to get rid of the flu, or at leasy use that as my excuse. I've got my keys here. I am the person 'in charge' of my vehicle. I'm obviously not going to get done for this.
My brother in law regularly crosses the channel and parks up for the night at the services and proceeds to enjoy a bottle of wine. Lets be honest, you would NEVER do that at a UK services because you know they might 'get you', even though you and I know you have not done anything wrong.
If you come put of a pub (assuming over the limit) and get your coat out of the boot then I have heard of people being done for this.
The law is obviously an ass in this area. We all know what 'drinking and driving' is. If somebody is drunk and sleeps on their own back seat how can this be 'wrong'. You are not driving.....????? I am sure in the past somebody has been dragged from his car only to later claim he was only getting his coat. In the eyes of 'some' police officers there is no difference between 'what is illegal' and 'what can be proven to be illegal'.
Even if by the letter of the law it is illegal, you can't say its wrong
My brother in law regularly crosses the channel and parks up for the night at the services and proceeds to enjoy a bottle of wine. Lets be honest, you would NEVER do that at a UK services because you know they might 'get you', even though you and I know you have not done anything wrong.
If you come put of a pub (assuming over the limit) and get your coat out of the boot then I have heard of people being done for this.
The law is obviously an ass in this area. We all know what 'drinking and driving' is. If somebody is drunk and sleeps on their own back seat how can this be 'wrong'. You are not driving.....????? I am sure in the past somebody has been dragged from his car only to later claim he was only getting his coat. In the eyes of 'some' police officers there is no difference between 'what is illegal' and 'what can be proven to be illegal'.
Even if by the letter of the law it is illegal, you can't say its wrong
Hi,
A farmer had a few bevvies at the pub, then drove home in his Range Rover, using only Rights of Way over private property. The police were waiting for him when he arrived home.
Fined and endorsed.
He appealed, and got his licence back, but not the fine .... I think he was lucky.
602
A farmer had a few bevvies at the pub, then drove home in his Range Rover, using only Rights of Way over private property. The police were waiting for him when he arrived home.
Fined and endorsed.
He appealed, and got his licence back, but not the fine .... I think he was lucky.
602
The Offence which is being discussed is being in charge of a motor vehicle whilst over the prescribed limit.
When someone is charged with this offence, they will be interviewed (when sober) to give their version of events. They then have the opportunity to put forward a statutory defence that there was no likelihood of them driving the vehicle, whilst they were over the prescribed limit. It is for the defendant to prove this point during interview.
It is also during interview, that the Police have to establish, beyond reasonable doubt, there WAS a likelihood the defendant would drive.
The example Ian gives of someone getting the coat out of the boot of the car. There would have to be more to it than that, for example, that person then getting in the driver's seat and putting the keys in the ignition. No court in the land would be able to prosecute for just getting your coat out of the boot.
With regards to the private property aspect, the Courts will have to look at each individual case, and it will depend on a number of factors, such as is the property enclosed by fencing and gates, are the general public allowed access at certain times, and so on.
In the case euro mentions, it sounds as if it's an open car park, as the Police patrol car was able to drive in. Therefore this sounds as if it has been classed as a public place.
In short, the vast majority of law abiding citizens sitting on site, in their motorhome with a bottle of wine, watching the world go by, have nothing to worry about!
Lara.
When someone is charged with this offence, they will be interviewed (when sober) to give their version of events. They then have the opportunity to put forward a statutory defence that there was no likelihood of them driving the vehicle, whilst they were over the prescribed limit. It is for the defendant to prove this point during interview.
It is also during interview, that the Police have to establish, beyond reasonable doubt, there WAS a likelihood the defendant would drive.
The example Ian gives of someone getting the coat out of the boot of the car. There would have to be more to it than that, for example, that person then getting in the driver's seat and putting the keys in the ignition. No court in the land would be able to prosecute for just getting your coat out of the boot.
With regards to the private property aspect, the Courts will have to look at each individual case, and it will depend on a number of factors, such as is the property enclosed by fencing and gates, are the general public allowed access at certain times, and so on.
In the case euro mentions, it sounds as if it's an open car park, as the Police patrol car was able to drive in. Therefore this sounds as if it has been classed as a public place.
In short, the vast majority of law abiding citizens sitting on site, in their motorhome with a bottle of wine, watching the world go by, have nothing to worry about!
Lara.
I would suspect that as the motorhome is parked up and not on the public highway then they would not be committing an offence. In addition, the Police have to have reasonable cause to suspect that you have committed a traffic offence.
By there very nature you would be expected to have the keys in your possession if you are the owner of a motor home.
Different matter the following morning though if the driver was still over the limit and was to drive on the public highway.
Driving laws are explained on the following weblink:
http://www.lawontheweb.co.uk/crimedrinkdriving.htm
By there very nature you would be expected to have the keys in your possession if you are the owner of a motor home.
Different matter the following morning though if the driver was still over the limit and was to drive on the public highway.
Driving laws are explained on the following weblink:
http://www.lawontheweb.co.uk/crimedrinkdriving.htm
Hello Big S
The website you suggest is not a government site nor is it produced by a known solicitor or law company.
Whilst its advice may be correct, it may also contain signifiuicant flaws. It would be imprudent to rely on it as your only source of legal advice.
The website you suggest is not a government site nor is it produced by a known solicitor or law company.
Whilst its advice may be correct, it may also contain signifiuicant flaws. It would be imprudent to rely on it as your only source of legal advice.
Lara is correct, my relative had no intention of driving on a public highway. The police admitted that he was locking the car when they got to him and the car had not left his employers private land. The police also acknowleged that a taxi had been ordered and that hos friends were waiting to him at the front of the works.
A night a Police cell and then some dodgy advice from the Police before he made a statement.
Advised by a good legal team they went for not guilty.
After a long drawn out court case, the judges decided that as the the gate to the car aprk was missing and the lacal authority employers could not afford to replace it and members of the public could cross an unfenced area of grass to the car park it was a Guilty verdict all thoug it was gone midnight and in an area where there were no members of the public an never likely to be. If there were members of the Public they would be tresspassing.
Pleading not guilty,resulted in a 15 month ban instead of 12 and a large fine, he would have been better off pleading guilty and getting a 12 month band and
A night a Police cell and then some dodgy advice from the Police before he made a statement.
Advised by a good legal team they went for not guilty.
After a long drawn out court case, the judges decided that as the the gate to the car aprk was missing and the lacal authority employers could not afford to replace it and members of the public could cross an unfenced area of grass to the car park it was a Guilty verdict all thoug it was gone midnight and in an area where there were no members of the public an never likely to be. If there were members of the Public they would be tresspassing.
Pleading not guilty,resulted in a 15 month ban instead of 12 and a large fine, he would have been better off pleading guilty and getting a 12 month band and
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