Drink / Drive Position - Motorhome in Pub Car Park

Drink / Drive Position - Motorhome in Pub Car Park

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Discussion

fatjon

2,216 posts

214 months

Monday 7th September 2015
quotequote all
Point well missed.

The defendant can being asked to adduce evidence, testable by the court that he would not have changed his mind. What testable evidence might he possibly adduce that on balance of probabilities the he would not have changed his mind. Of course he COULD have changed his mind, being asleep is not a permanent state and it is quite possible to awake while still sozzled and quite possible while in that state to have made the mistaken decision to drive. The onus would be on the defendant, albeit with a reduced burden of proof to demonstrate that which cannot be demonstrated.


TooMany2cvs

29,008 posts

127 months

Monday 7th September 2015
quotequote all
fatjon said:
Point well missed.

The defendant can being asked to adduce evidence, testable by the court that he would not have changed his mind. What testable evidence might he possibly adduce that on balance of probabilities the he would not have changed his mind. Of course he COULD have changed his mind, being asleep is not a permanent state and it is quite possible to awake while still sozzled and quite possible while in that state to have made the mistaken decision to drive. The onus would be on the defendant, albeit with a reduced burden of proof to demonstrate that which cannot be demonstrated.
I've read that three times, and I can only come to the conclusion that either you're baffling yourself with big words you don't understand, or you've been drinking.

agtlaw

6,712 posts

207 months

Monday 7th September 2015
quotequote all
So much nonsense on this thread.

Antony Moxey

8,086 posts

220 months

Monday 7th September 2015
quotequote all
agtlaw said:
So much nonsense on this thread.
On which side - those saying you'd be prosecuted or those saying you'd be fine?

northwest monkey

6,370 posts

190 months

Monday 7th September 2015
quotequote all
Is there a legal difference between a pub car park and say a campsite?

Both being accessible to the public etc.


TooMany2cvs

29,008 posts

127 months

Monday 7th September 2015
quotequote all
northwest monkey said:
Is there a legal difference between a pub car park and say a campsite?

Both being accessible to the public etc.
Your typical campsite isn't accessible to the public, only to customers.