Drink / Drive Position - Motorhome in Pub Car Park

[anonymous-user]

A work colleague plans to overnight in a pub car park (with landlord's permission!) during a tour in his motorhome.

Would he still be liable to a 'drunk in charge' prosecution for sleeping in the vehicle after consuming a bottle of wine or two?.

[Steviesam]

This country is completely fked up.

To even have to worry about this when they are trying to do the right thing is mental.

I would like to say he will be fine, but there have been stories where that is not the case-police just have no common sense and do their own thing depending what mood they are in.

[HTP99]

Interesting question as I guess; yes they are technically still in charge of the vehicle.

Pub I worked in, many moons ago, had a couple who would come in a couple of times a month, they would sleep in their camper in the car park.

[Antony Moxey]

He wouldn't be liable to prosecution. I asked a policeman this exact same question as there are a lot of motorhomes that park on the sea front at Exmouth on a public road - they are all parked legally btw - and asked what would happen if they had a BBQ on the beach with a few drinks and then slept in their motorhome overnight?

The policeman replied nothing would happen so long as they weren't in the driver's seat and the keys weren't in the ignition, and also so long as they weren't causing any sort of disturbance. Besides, if the OP's mate's in a pub car park then isn't he not liable to a DD charge as he's not on a public road anyway?

[CaptainSlow]

Antony Moxey said:

He wouldn't be liable to prosecution. I asked a policeman this exact same question as there are a lot of motorhomes that park on the sea front at Exmouth on a public road - they are all parked legally btw - and asked what would happen if they had a BBQ on the beach with a few drinks and then slept in their motorhome overnight?

The policeman replied nothing would happen so long as they weren't in the driver's seat and the keys weren't in the ignition, and also so long as they weren't causing any sort of disturbance. Besides, if the OP's mate's in a pub car park then isn't he not liable to a DD charge as he's not on a public road anyway?

Incorrect.

OP..ask the Landlord to hold the keys until the morning.

[anonymous-user]

Antony Moxey said:

Besides, if the OP's mate's in a pub car park then isn't he not liable to a DD charge as he's not on a public road anyway?

Whilst not strictly a 'public road', does the car park constitute a 'place to which the public might reasonably have access' - or something like that?

[ging84]

Steviesam said:

This country is completely fked up.

To even have to worry about this when they are trying to do the right thing is mental.

I would like to say he will be fine, but there have been stories where that is not the case-police just have no common sense and do their own thing depending what mood they are in.

I agree, this country has a strange fascination with making it almost completely impossible for anyone to wriggle out of a motoring conviction, often at the expense of the rights of millions of innocent motorists.

[AngryPartsBloke]

"It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit"

I think that it's a Motorhome would be a pretty strong defence if you were to get on the wrong side of someone with little common sense.

[Retroman]

If the car park is surrounded by a fence and a gate which can be locked to prevent / deter public access he should be fine, even with a pedantic police officer.

I'd like to say common sense will prevail and he won't be at risk regardless but i seen a post of someone else a while back who fell asleep drunk in their car in an open car park.
They were asleep in the passenger seat and the police found the car keys placed on top of the rear tyre outside the vehicle.
They were prosecuted successfully for being in charge whilst over the limit.

[red_slr]

Its down to proving intent to drive.

If they keys are in the glove box and you are asleep in the bed then its fairly simple to prove you had no intent to drive.
If you are in the drivers seat with the keys in your pocket swigging a G&T then perhaps....

Personally I wild camped for 2 years every other weekend and never once had an issue.

[Ste1987]

So, in a nutshell, the law doesn't even allow you to be sat in a car, whilst intoxicated, with no intention to drive?

[HantsRat]

Technically - Yes he is drunk in charge of the vehicle.

Real World - Is it really in the public's interest to prosecute for this? No. I certainly wouldn't be arresting for this.

[anonymous-user]

CaptainSlow said:

Incorrect.

OP..ask the Landlord to hold the keys until the morning.

This is the safest thing to do.

[jith]

Read this and weep :- http://www.pistonheads.com/gassing/topic.asp?h=0&a...

My take on the situation is still the same; it's an absolutely dreadful law wide open to abuse.

In other words, be very careful.

J

[TooMany2cvs]

Ste1987 said:

So, in a nutshell, the law doesn't even allow you to be sat in a car, whilst intoxicated, with no intention to drive?

Ten minutes before you posted that, Ste, APB quoted the actual law...

AngryPartsBloke said:

"It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit"

So, yes, the law DOES explicitly make provision for it. But it's a slightly stronger test than "Were you intending to?" "Who, osshifer? Me, osshifer? Of courshe not!"...

[esxste]

ging84 said:

I agree, this country has a strange fascination with making it almost completely impossible for anyone to wriggle out of a motoring conviction, often at the expense of the rights of millions of innocent motorists.

Not so strange when you think the country also has an obsession with forcing seriously ill and disabled people to almost literally jump through hoops to get state help, when millionaires get juicy tax cuts and large corporations are allowed to avoid paying billions in taxes on profits they make here.

Just saying...

Anyway, I'd be surprised if any copper were to wake a guy up in his campervan and charge him with intent to drive while under the influence of alcohol. :\

[Ekona]

If the copper did knock, just don't answer the door

[Ste1987]

TooMany2cvs said:

Ste1987 said:

So, in a nutshell, the law doesn't even allow you to be sat in a car, whilst intoxicated, with no intention to drive?

Ten minutes before you posted that, Ste, APB quoted the actual law...

AngryPartsBloke said:

"It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit"

So, yes, the law DOES explicitly make provision for it. But it's a slightly stronger test than "Were you intending to?" "Who, osshifer? Me, osshifer? Of courshe not!"...

I know he posted it, I was just trying to make sense of it. I see where the law's coming from, though, the way you put it

[TooMany2cvs]

Ste1987 said:

I was just trying to make sense of it.

Seems clear to me.

You have a defence against the charge if, at the time you were nicked, you weren't likely to be driving until you were sober.

Fast akip in a motorhome in a car park is about as strong as you're going to get there.

[Antony Moxey]

CaptainSlow said:

Antony Moxey said:

He wouldn't be liable to prosecution. I asked a policeman this exact same question as there are a lot of motorhomes that park on the sea front at Exmouth on a public road - they are all parked legally btw - and asked what would happen if they had a BBQ on the beach with a few drinks and then slept in their motorhome overnight?

The policeman replied nothing would happen so long as they weren't in the driver's seat and the keys weren't in the ignition, and also so long as they weren't causing any sort of disturbance. Besides, if the OP's mate's in a pub car park then isn't he not liable to a DD charge as he's not on a public road anyway?

Incorrect.

OP..ask the Landlord to hold the keys until the morning.

Which bit? Or is the policeman wrong? I specifically asked him about sleeping in a motorhome (that's legally parked on a public road) after having a drink and that's what he told me - provided there's no intent to drive (keys not in the ignition, not sat in the driver's seat) then you wouldn't be charged with DD.