I'm in my caravan/motorhome with the keys and drunk
Discussion
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?
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?
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.
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.
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.
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
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.
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 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.
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.
t 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 s
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