Layby parking

[caroline_5040024]

Hi all

just had an interesting chat at work. Friend has camper van and says that he often parks up in a laybyand then settles down for the night with a bottle of wine. How would he stand legally if breathalysed. Would he be charged if he failed as he was in possession of the keys and on the public highway?

 

[RogerL_5041474]

A layby is almost always part of the highway so the drink-drive laws still apply. It's an offence to be in charge of a vehicle when intoxicated. "In charge" are the key words. It's no different to coming out of a pub after one too many, getting in the back of the car with your keys in your pocket. Several drivers have been successfully prosecuted in these circumstances.