Drunk in charge......motorhome.
Discussion
Parked in a layby / beauty spot in the motorhome shared a couple of bottles of vino over dinner, intending to spend the night there.
DIC??
If i understand correctly a key part is 'intent' ?
My support legs (on the MH not mine) are down.
The reflective screen is fitted.
Steps are outside the habitation door
Pedal or steering wheel disc-lock is fitted.
I'm obviously not going to fail the attitude test if i get a knock on the door.
Opinions so far from a few officers I've spoken to is I should be ok.
Also same scenario in a pub car park as many allow overnight stops nowadays.
DIC??
If i understand correctly a key part is 'intent' ?
My support legs (on the MH not mine) are down.
The reflective screen is fitted.
Steps are outside the habitation door
Pedal or steering wheel disc-lock is fitted.
I'm obviously not going to fail the attitude test if i get a knock on the door.
Opinions so far from a few officers I've spoken to is I should be ok.
Also same scenario in a pub car park as many allow overnight stops nowadays.
Starter for 10 ... https://www.pistonheads.com/gassing/topic.asp?h=0&...
ellingtj said:
You could just avoid drinking when in such locations, problem solved.
Why should you? Drinking is not illegal. What is the difference between this situation and having a bottle of wine with your dinner at home whilst you car is parked on the road and the keys in your pocket.?
In both situations you could go for a drive after drinking but in both situations you obviously have no intention of doing so.
NGee said:
ellingtj said:
You could just avoid drinking when in such locations, problem solved.
Why should you? Drinking is not illegal. What is the difference between this situation and having a bottle of wine with your dinner at home whilst you car is parked on the road and the keys in your pocket.?
In both situations you could go for a drive after drinking but in both situations you obviously have no intention of doing so.
Had the same thoughts recently when in one travelling round the NC500
They way I looked at it was that as soon as the drivers and passenger seats are turned round to face inwards along with the other items you mention like the steps and windscreen cover then its use as a vehicle ceases and it becomes a dwelling.
There is probably some case law on the matter to clarify ??
They way I looked at it was that as soon as the drivers and passenger seats are turned round to face inwards along with the other items you mention like the steps and windscreen cover then its use as a vehicle ceases and it becomes a dwelling.
There is probably some case law on the matter to clarify ??
drmike37 said:
You could argue that by telling you to move on, the pc would be commissioning an offence?
If you are drunk they won't be insisting you drive it, but they could remove it if it was parked where it shouldn't be & it needs moving with you not being able to do or arrange it sufficiently.Far Cough said:
Had the same thoughts recently when in one travelling round the NC500
They way I looked at it was that as soon as the drivers and passenger seats are turned round to face inwards along with the other items you mention like the steps and windscreen cover then its use as a vehicle ceases and it becomes a dwelling.
There is probably some case law on the matter to clarify ??
Each will be on it's own facts & how the court views the likelihood of the driver driving (given all the facts, not just their claims). Burden of proof is the driver's to prove there was no likelihood.They way I looked at it was that as soon as the drivers and passenger seats are turned round to face inwards along with the other items you mention like the steps and windscreen cover then its use as a vehicle ceases and it becomes a dwelling.
There is probably some case law on the matter to clarify ??
sidaorb said:
Parked in a layby / beauty spot in the motorhome shared a couple of bottles of vino over dinner, intending to spend the night there.
DIC??
If i understand correctly a key part is 'intent' ?
My support legs (on the MH not mine) are down.
The reflective screen is fitted.
Steps are outside the habitation door
Pedal or steering wheel disc-lock is fitted.
I'm obviously not going to fail the attitude test if i get a knock on the door.
Opinions so far from a few officers I've spoken to is I should be ok.
Also same scenario in a pub car park as many allow overnight stops nowadays.
Are you parked on a road or other public place? DIC??
If i understand correctly a key part is 'intent' ?
My support legs (on the MH not mine) are down.
The reflective screen is fitted.
Steps are outside the habitation door
Pedal or steering wheel disc-lock is fitted.
I'm obviously not going to fail the attitude test if i get a knock on the door.
Opinions so far from a few officers I've spoken to is I should be ok.
Also same scenario in a pub car park as many allow overnight stops nowadays.
If so and if you have a breathalyser device then that would strengthen your case that there was no likelihood of driving whilst OPL or unfit.
Hypothetical question but slightly related....
Using same scenario as OP but swap motorhome with a car. If you were asleep in the back, keys in a bag, doors locked etc, and police happened to tap on the window would they pursue DiC? I assume same situation as motorhome?
I've not done or particularly want to try this but am just curious of the legality.
Using same scenario as OP but swap motorhome with a car. If you were asleep in the back, keys in a bag, doors locked etc, and police happened to tap on the window would they pursue DiC? I assume same situation as motorhome?
I've not done or particularly want to try this but am just curious of the legality.
Edited by xx99xx on Saturday 25th July 18:19
xx99xx said:
I've done or particularly want to try this but am just curious of the legality.
Buddy of mine had a very lucky escape with this one back in about 88. we were teenagers and he was staying the night at my (parents)house. As smoking in the house was forbidden we took our little party out to his parked car on the street and proceeded to get hammered. We had the stereo playing and it was bloody cold so we had the engine running! Fast forward a couple of hours and we are woken up by the police knocking on the windows, engine still running..
They accepted that he had no intention of driving home and let him off with a bit of a stern talking too!
Not sure they would be so understanding these days.
Far Cough said:
Had the same thoughts recently when in one travelling round the NC500
They way I looked at it was that as soon as the drivers and passenger seats are turned round to face inwards along with the other items you mention like the steps and windscreen cover then its use as a vehicle ceases and it becomes a dwelling.
There is probably some case law on the matter to clarify ??
Best of luck with that one. They way I looked at it was that as soon as the drivers and passenger seats are turned round to face inwards along with the other items you mention like the steps and windscreen cover then its use as a vehicle ceases and it becomes a dwelling.
There is probably some case law on the matter to clarify ??
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