Further downturns in the industry

[otherclive]

Several of our friends have rejected their caravans, it is now becoming common practise the industry is becoming a joke, we are so glad our caravan is ok.

I never knew about CRA2015 until I had a caravan. 🙈

 

[Dustydog]

I never knew about CRA2015 until I had a caravan. 🙈

Ask Buckman
He has more CRA 2015 and Section 75 T shirts successes than the rest put together 👏👏

 

[otherclive]

Ask Buckman
He has more CRA 2015 and Section 75 T shirts successes than the rest put together 👏👏

Yes, and he must have the Which Legal Services long service award. He could make a mint offering consultancy to distraught owners, but I think he has better things to do with his time.

 

[Mr Plodd]

True, but if you consumer alcohol while parked up in the lay bye, is there a possibility that you could be charged with being over the limit as the car keys will be in your possession. Same may apply to a pub car park?

From someone who enforced the drink driving laws I can say that it is in no way that simple. First up the offence is being in charge, which is a very long way from actually driving. Below is from the CPS website.

In relation to being in charge of a motor vehicle, a person is not guilty if they prove that the circumstances were such that there was no likelihood of them driving the vehicle whilst the proportion of alcohol in their breath, blood or urine exceeded the prescribed limit.

So basically the prosecution woukd need to prove, beyond all reasonable doubt, there was a strong likelihood of the person driving. If your in a MH or caravan, in your PJ's or similar, with the car keys tucked away in a cupboard etc (rather than in the ignition) that would be somewhat difficult to prove. The CPS would be very reluctant to authorise a prosecution unless the driver was sat say in the drivers seat whilst in physical possession of the keys, if they were in the glove box etc then they would almost certainly not authorise a prosecution. It could be argued that a campsite is still a "public place" so what if you have a drink or two there??

I cannot recall a single incident such as your scenario during my 30 years service. But, before anyone leaps in, it has probably happened somewhere, but the circumstances of that particular case would need to be very carefully looked at in their entirety.

 

[Hutch]

From someone who enforced the drink driving laws I can say that it is in no way that simple. First up the offence is being in charge, which is a very long way from actually driving. Below is from the CPS website.

In relation to being in charge of a motor vehicle, a person is not guilty if they prove that the circumstances were such that there was no likelihood of them driving the vehicle whilst the proportion of alcohol in their breath, blood or urine exceeded the prescribed limit.

So basically the prosecution woukd need to prove, beyond all reasonable doubt, there was a strong likelihood of the person driving. If your in a MH or caravan, in your PJ's or similar, with the car keys tucked away in a cupboard etc (rather than in the ignition) that would be somewhat difficult to prove. The CPS would be very reluctant to authorise a prosecution unless the driver was sat say in the drivers seat whilst in physical possession of the keys, if they were in the glove box etc then they would almost certainly not authorise a prosecution. It could be argued that a campsite is still a "public place" so what if you have a drink or two there??

I cannot recall a single incident such as your scenario during my 30 years service. But, before anyone leaps in, it has probably happened somewhere, but the circumstances of that particular case would need to be very carefully looked at in their entirety.

Hands Up, I unfortunately abided with more than enough alcohol one evening in Blackpool, I parked up my car in the pub, crawled into the back seat. Woken by Police, at about 3 AM , asking what I was doing, burbled , sleeping of course. Charged, with drunk in charge of a vehicle, 3 months discretionary ban.

 

[Beardy]

So basically the prosecution woukd need to prove, beyond all reasonable doubt, there was a strong likelihood of the person driving. If your in a MH or caravan, in your PJ's or similar, with the car keys tucked away in a cupboard etc (rather than in the ignition) that would be somewhat difficult to prove.

If you told the police that you weren't in possession of the keys would they have the authority to search you and your vehicle to find them? Alternatively, could you hide them somewhere away from the vehicle and conveniently forget where you hid them until you sobered up?

 

[IanB1485]

Same may apply to a pub car park?

No as its private land , whereas a layby is still classed as part of the highway.Don't know about public car parks though.

 

[Beardy]

No as its private land , whereas a layby is still classed as part of the highway.Don't know about public car parks though.

Not quite, the pub carpark may be private land but if it has public access (it's not gated or access is restricted in some way) then you can be prosecuted the same as if you were on a public highway. Technically you could be prosecuted on your own driveway but the likelihood of being convicted would be slim.