Layby parking

Mar 14, 2005
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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?
 
Mar 14, 2005
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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.
 

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