In Car Camping Bed - Legalities If Drunk
Discussion
Just seen an ad pop up on my Facebook page for an inflatable camping bed that's designed to fit on your back seats. Here's a link http://www.tmart.com/Self-drive-Inflatable-Car-Bed...
I've head in the past that if you're over the limit and get into the car without even starting the engine, you can still be prosecuted for being in control of a car whilst under the influence or something similar anyway.
So, if you've had a drink and climb into the back to have kip on one of these beds, are you still committing an offence?
I've head in the past that if you're over the limit and get into the car without even starting the engine, you can still be prosecuted for being in control of a car whilst under the influence or something similar anyway.
So, if you've had a drink and climb into the back to have kip on one of these beds, are you still committing an offence?
People have been done before as you're classed as 'being in charge' of the vehicle - one solution would be to have one of those magnetic box things, put the keys in that, and attach it under the car, then if plod pull you, you can demonstrably prove there's no way you can get the keys and drive it.
techguyone said:
People have been done before as you're classed as 'being in charge' of the vehicle - one solution would be to have one of those magnetic box things, put the keys in that, and attach it under the car, then if plod pull you, you can demonstrably prove there's no way you can get the keys and drive it.
I knew someone this happened to.Leads to an interesting thought - how does this work with a motorhome, if you're on holiday, spark up the BBQ, drain a load of tins and a bottle of wine then clamber into bed?
People get away with it in motorhomes because they are on private land. Do it in a layby at your own risk.
In my youth the local tramp was looking for a bed, he went down a street trying car doors until he found one, by chance a Morris Minor, that was unlocked. In rural Lincolnshire both unlocked cars an Moggy Minors were fairly common in the 1980s. A copper found him and nicked him, he was charged with being drunk in charge. It wasn't his car, he had no keys, he had no licence and no intent to own a car. They still did him. So if you bed down in your car on the highway, regardless of how, you'd better not be drunk.
In my youth the local tramp was looking for a bed, he went down a street trying car doors until he found one, by chance a Morris Minor, that was unlocked. In rural Lincolnshire both unlocked cars an Moggy Minors were fairly common in the 1980s. A copper found him and nicked him, he was charged with being drunk in charge. It wasn't his car, he had no keys, he had no licence and no intent to own a car. They still did him. So if you bed down in your car on the highway, regardless of how, you'd better not be drunk.
KungFuPanda said:
I've head in the past that if you're over the limit and get into the car without even starting the engine, you can still be prosecuted for being in control of a car whilst under the influence or something similar anyway.
So, if you've had a drink and climb into the back to have kip on one of these beds, are you still committing an offence?
The offence is being drunk in charge So, if you've had a drink and climb into the back to have kip on one of these beds, are you still committing an offence?
Both Section 4 (Driving or being in charge of a mechanically propelled vehicle when under the influence of drink/ drugs) and Section 5 (Driving or being in charge of a motor vehicle with alcohol level above prescribed limit) cover "in charge".
There's no legal definition of what being "in charge" actually means but there are plenty of stated cases where convictions have followed in circumstances such as you describe.
In the case of Section 4 above, the onus would be on you to prove that there was no likelihood of you driving whilst impaired. The police do not have to prove that it was likely that you would drive, simply that you were "in charge".
Let's say you have a skin full, get your head down in the car, wake in the morning and feel ok to drive ..... who's to say you are not still impaired ? Easy conviction - it can be quite difficult to prove there was no likelihood of you driving whilst still under the influence, if you see what I mean.
covboy said:
battered said:
People get away with it in motorhomes because they are on private land.
Not sure that's right Fort Jefferson said:
Right now I'm drunk, I'm sitting in my study with the keys to two cars and a motorcycle in a draw next to me. If I pick up the keys and start walking out side, at what point do I break the law?
"In charge" isn't defined in law.A common sense approach is usually adopted - as I said earlier though, in the case of Sec 4 RTA the onus is on you to prove that there is no likelihood of you driving whilst unfit.
Nice bike btw.
I have a motorhome (albeit an old one), I mix with lots of other people with motorhomes.
I have never heard of anyone having an issue if they've decided to have a glass or two of wine with dinner, and then sleep in their motorhome, either on public or private land.
I am sure if a copper wanted to be a tit he could try and make an issue out of it, I am just as sure that authority would see he was being a tit.
Matresses in cars may be a bit trickier however.
I have never heard of anyone having an issue if they've decided to have a glass or two of wine with dinner, and then sleep in their motorhome, either on public or private land.
I am sure if a copper wanted to be a tit he could try and make an issue out of it, I am just as sure that authority would see he was being a tit.
Matresses in cars may be a bit trickier however.
Red 4 said:
You could read Sections 17 and 18 of PACE (for starters).
It's riveting.
I'm sure that it is. Is there a bit of it that allows you to wander into a private campsite at 2 in the morning, apropos of nothing, just on the offchance that there's someone in there who's had a couple of sherbets?It's riveting.
battered said:
Red 4 said:
You could read Sections 17 and 18 of PACE (for starters).
It's riveting.
I'm sure that it is. Is there a bit of it that allows you to wander into a private campsite at 2 in the morning, apropos of nothing, just on the offchance that there's someone in there who's had a couple of sherbets?It's riveting.
They don't though ...... honest.
KungFuPanda said:
Just seen an ad pop up on my Facebook page for an inflatable camping bed that's designed to fit on your back seats. Here's a link http://www.tmart.com/Self-drive-Inflatable-Car-Bed...
Pretty sure you'd have to be drunk to contemplate that, if you're over 4ft 6in tall. Unless you have detachable legsbattered said:
Red 4 said:
You could read Sections 17 and 18 of PACE (for starters).
It's riveting.
I'm sure that it is. Is there a bit of it that allows you to wander into a private campsite at 2 in the morning, apropos of nothing, just on the offchance that there's someone in there who's had a couple of sherbets?It's riveting.
Most will be regarded as public places (any place to which the public have access whether by means of payment or otherwise).
Edited by Red 4 on Saturday 17th December 23:57
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