Drunk in charge whilst asleep.

[daventess]

Just came across this video. In summary, if you sleep in your motorhome whilst drunk you are technically in charge of that vehicle whilst drunk and could be prosecuted (the motorhome bit is towards the end) :



I assume this is only when on public roads, but even so.

Thoughts?

 

[suavecarve]

Unfortunately, you have taken my earlier reply out of context to the question you actually asked at the time about TWO (or possibly more) simultaneous vehicle-occupants, namely :-

I m more than happy with my interpretation of the Law which I quoted and acted upon and the powers that I had which I used, lawfully, which is contrary to your opinion about the ability to request a breath test for an "In Charge" and yes, contrary to your opinion if they refused I would have arrested, again very lawfully according to the Section 6. Please see my previous post which contains the CPS guidelines.

Owing to you suggesting, incorrectly in my view and that of the CPS, that the Officer does not have the power. I think it best to leave that here and you can think they cant and I can believe they can. And we can both have a drink or 3 at a campsite and await the rozzers turning up as we politely discuss it

But then again you would never have found me on a campsite being so pathetic carrying a workload that was impossible to get rid of. I was far too busy with my yaks

 

[Bobbejaan]

And we can both have a drink or 3 at a campsite and await the rozzers turning up as we politely discuss it

But then again you would never have found me on a campsite being so pathetic carrying a workload that was impossible to get rid of. I was far too busy with my yaks

Unfortunately, although I suspect I would enjoy the friendly banter, that campsite drink is unlikely to happen because :-

A) ... I haven't had an alcoholic drink in decades (apart from an odd social one with my auld Dad on his birthday) as I never really acquired the taste for it as I preferred the buzz from bikes instead of booze.

&

B) ... I try & avoid campsites as I'm a grumpy old barsteward with hermit tendencies, and I prefer the Wilds of Nowhere.

Talk about ironic when we've been discussing in this whole thread about Boozing in Motorhomes on Campsites !

The best I can do is a virtual Cheers/Slainte

 

[suavecarve]

Unfortunately, although I suspect I would enjoy the friendly banter, that campsite drink is unlikely to happen because :-

A) ... I haven't had an alcoholic drink in decades (apart from an odd social one with my auld Dad on his birthday) as I never really acquired the taste for it as I preferred the buzz from bikes instead of booze.

&

B) ... I try & avoid campsites as I'm a grumpy old barsteward with hermit tendencies, and I prefer the Wilds of Nowhere.

Talk about ironic when we've been discussing in this whole thread about Boozing in Motorhomes on Campsites !

The best I can do is a virtual Cheers/Slainte

Youre never to old to start

 

[Bobbejaan]

Youre never to old to start (drinking alcohol)

Probably not a good idea with all the drugs I take everyday !

You're not trying the old "police entrapment" trick on me of trying to get me pished so that you can arrest me, are you ? ..... You'll never take me alive, Rozzer !

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[suavecarve]

Probably not a good idea with all the drugs I take everyday !

You're not trying the old "police entrapment" trick on me of trying to get me pished so that you can arrest me, are you ? ..... You'll never take me alive, Rozzer !

One needs to pay the mortgage !

So I woudnt do that til it forced me to incur overtime

 

[IRHP]

No, the police don't have to prove anything, you are already drunk in charge. It's you who has to prove you had no intention of driving

And who do they charge if there are 2 of you in the vehicle, both insured to drive. You can't both be in charge and likewise neither will admit to being the driver. Goodnight officer.

 

[IRHP]

There was an Ex Cop on another forum, a motorhomer, who was telling a story, at a meet/rally we attended that......

Whilst on duty, he came across a motorhome in a lay-by. He pulled in and questioned the driver and his wife who had consumed some tins of lager. The driver insisted it they were going to stay the night, in the motorhome in the off carriageway lay-by.

The cop decided to breathalyse the driver and he was arrested and charged.

At this point, I butted in and said, would you have done the same if that was a group of travellers gathered in the lay-by. Bonfire on the go with feral kids running around?.

I wasn't very popular with him or his audience .

Obviously he wouldn't because he would never have stopped.

 

[Minxy]

we can both have a drink or 3 at a campsite and await the rozzers turning up as we politely discuss it

A) ... I haven't had an alcoholic drink in decades (apart from an odd social one with my auld Dad on his birthday) as I never really acquired the taste for it as I preferred the buzz from bikes instead of booze.

Interesting ... this thread is admittedly about drinking alcohol but it doesn't mean, and shouldn't be assumed, that if you meet up you have to only drink alcohol ... give me a good old cuppa tea anytime! Much more fun to be sober and watch the blotto ones falling about all over and making fools of themselves!

 

[Jim]

Jim's Page tends to give the unfortunate impression that ANY drinking of alcohol could get you arrested ... For example = "Jim says "build your defence before you have had a drink. If after you have been drinking you decide that you are parked in the wrong place or facing the wrong way, you only have to be seen in that seat, and you risk arrest."

In almost every other paragraph I mention becoming drunk or over the limit, rather than "having a drink" If it's your intention to drink enough to put you over the limit, then build your obvious defence before you have a drink is good advice.

Moving the motorhome to a better place in the car park when drunk is not a good idea, whether you think it's private property or not. IMO, if you sit in the driver's seat and start it, then your low/non-existent chance of arrest goes up a bit. So sorting the van out before you have a drink is common sense. That said, thank you for your considered input and I will look at it and see if I can remove any ambiguity in my message

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[Jim]

Obviously he wouldn't because he would never have stopped.

People always say stuff like that, I've said it myself. However, as was pointed out to me; people with Gypsy, Romany and traveller backgrounds are significantly over-represented in the prison population. So someone is nicking them.

 

[tinkertaylor]

Just don't answer the tap on the door, if you have the curtains and blinds closed and you're a sleep, pretend the vans unoccupied.

 

[Jim]

Just don't answer the tap on the door, if you have the curtains and blinds closed and you're a sleep, pretend the vans unoccupied.

Or...Get immunity with a diplomatic passport .

 

[Tonks]

As said, it's been discussed here many times, and no I do not recollect ever seeing such a prosecution. It's a bit like the thing about getting your head down in a layby when over tired, but it says no camping. Technically they could do you, but I suspect if they ever did, there would be a massive outcry because we are constantly told if tired we should stope and get some shuteye.

However, I have been concerned more than once when away on rallies with Fun where the drinking has gone on very late and people have had a skinful by the noise level, but get up next morning and drive a 3.5 ton or heavier killing machine while probably still under the influence.

100% agree with you on this. Some events seem to just be drink fests with people drinking heavily pretty much all weekend, and then driving the next day. (I'm NOT saying no one should have a drink while away at a rally/event!)
Just along from where Mum used to live, a chap went to collect his car the morning after a party at the local golf course. He'd gone home by taxi the night before, and had returned to collect his car late the following morning. As he turned out of the golf course onto the main road he collided with a motorcyclist. The biker died. The car driver, despite having demonstrated good intentions, when tested was still significantly over the limit and was prosecuted.

 

[Tonks]

Quite aside from whether you want to be over the limit while away with your van, whether on private land or not, I personally never put myself in a situation where I could not pack up and drive immediately should that be necessary for any reason. ie.family emergencies. That would be especially so when I'm parked up off grid overnight.

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[jezport]

Similar to when someone’s mate of a mates Grandads dog got gassed in France!






that wouldn’t be a problem as on private land.

A pub carpark is classed as public not private if the pub is open.

 

[gus-lopez]

Private driveway means any piece of privately owned and maintained property which is used for vehicular traffic, but is not open or normally used by the public.

If the postman can walk to the front door then it is public access .Same as a supermarket car park. Unless locked & gated with no access for the public.

It sure is technical. But I doubt very much that my private driveway counts as a public place as far as Sec 5 RTA 1988 is concerned.

You'd be surprised.