I'm in my caravan/motorhome with the keys and drunk
I'm in my caravan/motorhome with the keys and drunk
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Discussion

Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 9th September 2016
quotequote all
A question I've always wondered about. You all know the story of the drunk guy sleeping it off in the car being done for drunk in charge of a motor vehicle, or the dubious keys up the exhaust/hidden so not in charge, etc.

But I've often wondered, in my caravan a couple of bottles of wine down, and obviously no intention to drive, but I have the keys to the car and there is no barrier between me and the road, where is the law on this?

anothernameitist

1,500 posts

165 months

Friday 9th September 2016
quotequote all
My opinion is are you a 3.14key? If so you get away with it.


Atomic12C

5,180 posts

247 months

Friday 9th September 2016
quotequote all
Tyre Smoke said:
But I've often wondered, in my caravan a couple of bottles of wine down, and obviously no intention to drive, but I have the keys to the car and there is no barrier between me and the road, where is the law on this?
Are you in your car with the keys or in your caravan with the keys?.... I think the law would be decisive between the two situations.
Even if your caravan is still hooked up to your car, the fact that you are not in your car - therefore not being in 'charge' of it - would be the basis of any likely charge.




vonhosen

40,597 posts

247 months

Friday 9th September 2016
quotequote all
You don't have to be in the car to be 'in charge' of it.

It's down to the likelihood of you driving & each case would be decided on it's own facts/merits.
The burden to prove there was no likelihood is yours, where you are found 'in charge', though the CPS won't proceed where they don't believe they are in a position to undermine your defence to that.

NormalWisdom

2,183 posts

189 months

SS2.

14,712 posts

268 months

Friday 9th September 2016
quotequote all
Atomic12C said:
Even if your caravan is still hooked up to your car, the fact that you are not in your car - therefore not being in 'charge' of it - would be the basis of any likely charge.
I suspect the law would say if you hadn't relinquished charge to someone else then, irrespective of the fact that you may not be in the vehicle itself, you would remain 'in charge'.

As far as the original question is concerned, if you could demonstrate that you were bedded in for the night in your caravan and had no reason / intention to drive whilst still over the limit, then you should be absolutely fine.


Edited by SS2. on Friday 9th September 14:20

SS2.

14,712 posts

268 months

Friday 9th September 2016
quotequote all
NormalWisdom said:
Seeing as he was at a ferry terminal, I suspect he would have found it somewhat difficult to convince the court that there was no likelihood of his driving his camper so long as he remained unfit (or above the prescribed limit) to drive through drink.

In that case, a fair cop it seems.

Atomic12C

5,180 posts

247 months

Friday 9th September 2016
quotequote all
vonhosen said:
You don't have to be in the car to be 'in charge' of it.
.
I learn something new every day.


eldar

25,297 posts

226 months

Friday 9th September 2016
quotequote all
Paddy_N_Murphy said:
or to make a more simple / clarity sake : A Motorhome. Pissed.
Hide they keys some way away from you before you get pissed. And remember where you hid them...

Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 9th September 2016
quotequote all
To be honest, common sense is going to prevail isn't it? Because in reality, everyone whether motorhome or caravan is not going to hide their keys away. I suppose if you are pitched up on a 'proper' campsite, it's obvious you're going nowhere. In a lay by or motorway service area, it's going to be a different story.

Shnozz

30,657 posts

301 months

Friday 9th September 2016
quotequote all
This is something I have thought about many times as I quite fancy a camper van. In my case I also fancy some free camping in quite locations but could be parked on a road side somewhere. Never seen any definitive view on the matter.

vonhosen

40,597 posts

247 months

Friday 9th September 2016
quotequote all
Shnozz said:
This is something I have thought about many times as I quite fancy a camper van. In my case I also fancy some free camping in quite locations but could be parked on a road side somewhere. Never seen any definitive view on the matter.
That's because there isn't as each case will be dealt with on it's individual merits.
Protect yourself & your licence.

s3fella

10,524 posts

217 months

Friday 9th September 2016
quotequote all
vonhosen said:
Shnozz said:
This is something I have thought about many times as I quite fancy a camper van. In my case I also fancy some free camping in quite locations but could be parked on a road side somewhere. Never seen any definitive view on the matter.
That's because there isn't as each case will be dealt with on it's individual merits.
Protect yourself & your licence.
Surely just swallow your keys, get pissed, and recover them in the morning from the CSI training aid dna stained foam matress after you st the bed.

You could get the campervan same effect, assuming you live on a road, by wearing the same pants and fleece for 5 days, eating beans and sausage from a can and stting in a cupboard. HTH!