Drunk in charge
Discussion
Of a campervan that he wasn't driving till the next day's ferry?
Does this mean anyone who parks up in a layby in Scotland and has a couple of beers with dinner could be done even if no intention of driving for 24 hrs?
Ps twice the new limit so probably still Legal to drive in England.
http://www.dailyrecord.co.uk/news/scottish-news/ja...
A JAPANESE tourist who downed a dram too many sang the Skye Boat Song for seven hours non-stop as he was held in a police cell.
Dr Yasuyoshi Sakai, 49, got into trouble after officers spotted the GP drinking whisky while standing beside a parked campervan at Uig ferry terminal on the island.
He initially refused to give a breath test and was driven 20 miles to Portree police station, where he was found to be twice the legal drink-driving limit.
A police source said: “He was detained overnight before getting bail the next morning.
“Sergeant Bruce Crawford had to remain in the station all night to look after the prisoner’s well-being.
“Apparently all the Japanese gentleman did was march up and down his cell non-stop for seven hours loudly singing the Skye Boat Song.
READ MORE: Police are game for a laugh in Highlands with cheeky Tweet about their 'quality en-suite accommodation'
“Brucie could see the funny side of it. Alcohol affects different people in different ways but this was a new one on us.”
On Monday, Sakai, who is a regular visitor to Scotland, denied a drink-driving charge but admitted a reduced charge of being in charge of a vehicle while over the limit.
Defence lawyer Hamish Melrose told Portree Sheriff Court his client parked the hired vehicle at the terminal on May 31 and planned to sleep in it so he could be first on board the ferry to Barra the next morning.
He said the key was in the ignition so Sakai could listen to the radio as he enjoyed a few drams of Aberlour – but insisted the engine wasn’t running.
Sheriff Eric Brown fined Sakai £200 and imposed 10 penalty points.
Does this mean anyone who parks up in a layby in Scotland and has a couple of beers with dinner could be done even if no intention of driving for 24 hrs?
Ps twice the new limit so probably still Legal to drive in England.
http://www.dailyrecord.co.uk/news/scottish-news/ja...
A JAPANESE tourist who downed a dram too many sang the Skye Boat Song for seven hours non-stop as he was held in a police cell.
Dr Yasuyoshi Sakai, 49, got into trouble after officers spotted the GP drinking whisky while standing beside a parked campervan at Uig ferry terminal on the island.
He initially refused to give a breath test and was driven 20 miles to Portree police station, where he was found to be twice the legal drink-driving limit.
A police source said: “He was detained overnight before getting bail the next morning.
“Sergeant Bruce Crawford had to remain in the station all night to look after the prisoner’s well-being.
“Apparently all the Japanese gentleman did was march up and down his cell non-stop for seven hours loudly singing the Skye Boat Song.
READ MORE: Police are game for a laugh in Highlands with cheeky Tweet about their 'quality en-suite accommodation'
“Brucie could see the funny side of it. Alcohol affects different people in different ways but this was a new one on us.”
On Monday, Sakai, who is a regular visitor to Scotland, denied a drink-driving charge but admitted a reduced charge of being in charge of a vehicle while over the limit.
Defence lawyer Hamish Melrose told Portree Sheriff Court his client parked the hired vehicle at the terminal on May 31 and planned to sleep in it so he could be first on board the ferry to Barra the next morning.
He said the key was in the ignition so Sakai could listen to the radio as he enjoyed a few drams of Aberlour – but insisted the engine wasn’t running.
Sheriff Eric Brown fined Sakai £200 and imposed 10 penalty points.
law is fairly clear isn't it - key in the ignition is the 'key' here 
when drunk you could end up doing anything - key in the ignition is part way to driving a car...
like it or not, you shouldn't be in that situation
don't campervans have aux batteries so that you don't need the key in the ignition to power stuff?
when drunk you could end up doing anything - key in the ignition is part way to driving a car...
like it or not, you shouldn't be in that situation
don't campervans have aux batteries so that you don't need the key in the ignition to power stuff?
Is the terminal public or private land? If the latter I suggest you don't go camping and sit by your car with the door open listening to the radio while having a beer as you will be arrested and get 10 points, similarly working on your car in your own driveway......
If as black and white as reported then this conviction makes drinking anywhere in Scotland illegal if you turn on your car's ignition for whatever purpose.
If as black and white as reported then this conviction makes drinking anywhere in Scotland illegal if you turn on your car's ignition for whatever purpose.
Because what the police should be doing when they see an obvious drunk person who is "in charge" of a vehicle and the keys are in the ignition is simply believe them when they say "No, I wasn't going to drive anywhere nor have I driven anywhere since I consumed alcohol"?
I guess - asking any criminal if they have actually done something and when receiving a negative simply allow them on their way would save everyone a lot of time.
I guess - asking any criminal if they have actually done something and when receiving a negative simply allow them on their way would save everyone a lot of time.
akirk said:
don't campervans have aux batteries so that you don't need the key in the ignition to power stuff?
Depends on the camper.It was a rental - any bets on it being a "Wicked"-style converted sprogbus?
At the end of the day, he was actively in charge of a vehicle, with the key in the ignition and turned part-on, whilst parked in a place where the RTA applies, whilst fissed as a part. Guilty.
Stoofa said:
Because what the police should be doing when they see an obvious drunk person who is "in charge" of a vehicle and the keys are in the ignition is simply believe them when they say "No, I wasn't going to drive anywhere nor have I driven anywhere since I consumed alcohol"?
I guess - asking any criminal if they have actually done something and when receiving a negative simply allow them on their way would save everyone a lot of time.
Police should be using their judgement. Campervan parked at ferry terminal, gentlemen explains the reason. Why would you park up at a ferry terminal, is it a normal place for someone to quickly pop to for a quick scenic drink? Does he have a ferry ticket? If not why not? I guess - asking any criminal if they have actually done something and when receiving a negative simply allow them on their way would save everyone a lot of time.
Retroman said:
If it was an enclosed car park where the Incident happened where the public generally can't freely access it's likely it would have not been an issue.
Uig ferry terminal isn't just not an "enclosed car park". It's a layby at the side of the A87, slap bang in the middle of the "village".Have a look at Streetview...
CaptainSlow said:
Police should be using their judgement. Campervan parked at ferry terminal, gentlemen explains the reason. Why would you park up at a ferry terminal, is it a normal place for someone to quickly pop to for a quick scenic drink? Does he have a ferry ticket? If not why not?
And he carries on drinking and decides to pop for a bite to eat.....?Just a guess, but I could name several posters here that would see that as a police failure.
Common sense failure if this all happened as reported.
The big difference is that the 'vehicle' is not just a method of transport, its also somewhere to eat and sleep. If you're in a car with the keys in the ignition and are drunk, you're in that car to drive so the 'key in the ignition' principle seams fair and reasonable there. For this chap, parked-up at a ferry terminal in a camper-van in the evening, it's just more likely he's going to sleep in the van whilst waiting for the next ferry.
Unless there's a blanket ban for drinking in a camper van when camping, this is a massive grey area.
The big difference is that the 'vehicle' is not just a method of transport, its also somewhere to eat and sleep. If you're in a car with the keys in the ignition and are drunk, you're in that car to drive so the 'key in the ignition' principle seams fair and reasonable there. For this chap, parked-up at a ferry terminal in a camper-van in the evening, it's just more likely he's going to sleep in the van whilst waiting for the next ferry.
Unless there's a blanket ban for drinking in a camper van when camping, this is a massive grey area.
TooMany2cvs said:
Uig ferry terminal isn't just not an "enclosed car park". It's a layby at the side of the A87, slap bang in the middle of the "village".
Have a look at Streetview...
...and there we have the difference between "as reported" and not. The way it was described, he was effectively inside the terminal, parked and with nowhere to go. Very different if in a layby on a road!Have a look at Streetview...
CaptainSlow said:
Stoofa said:
Because what the police should be doing when they see an obvious drunk person who is "in charge" of a vehicle and the keys are in the ignition is simply believe them when they say "No, I wasn't going to drive anywhere nor have I driven anywhere since I consumed alcohol"?
I guess - asking any criminal if they have actually done something and when receiving a negative simply allow them on their way would save everyone a lot of time.
Police should be using their judgement. Campervan parked at ferry terminal, gentlemen explains the reason. Why would you park up at a ferry terminal, is it a normal place for someone to quickly pop to for a quick scenic drink? Does he have a ferry ticket? If not why not? I guess - asking any criminal if they have actually done something and when receiving a negative simply allow them on their way would save everyone a lot of time.
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