it's 23:45, you've been drinking, and there's a knock on the door....

[Paul J]

a hypothetical question....

you're in a pub car park, you've had a meal there, you're way pissed to drive away, and you've the landlords permission to stay over. your blinds are down, you made no noise, but you're in an area that the public have access to. I think I'm aware that you could be in some trouble if caught, do you :

1, keep quiet, ignore the knocks, even if announced "this is the police"

2, open the door an offer them a beer

3, open the door in your birthday suit, and claim, "this is my house, I can do as I please"

4, put a couple of shells in the twelve bore

5, get prepared to move, at least some distance if it's an attempted break-in

6, do something in the toilet that stinks, and then let anyone in regardless




edit : don't read the title too literally, I meant that you ate in the pub, not the car park. I didn't listen in Inglish lessons

 

[Wildbill]

Once closed up you have the permition of the landlord
I have never Ben asked to move from a car park or any where else com to think of it
Bill

 

[Paul J]

you have to explain that profile picture

 

[Janine]

I think that Jim did his dissertation on this subject a while ago....

 

[Paul J]

great, thank you

Jim who ?

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[simbadog]

you have to explain that profile picture

Looks like a double adjustable coil over shock

 

[Southdowners]

Not sure what you mean by being 'caught'... caught doing what?

I'd answer the door via the window and see what the caller wanted.

 

[Paul J]

I just clicked on the 'Motorhomefun' sticker shown as an add on my page, the guy offering them was Jim, is it the same ?

 

[Paul J]

the famous "Drunk in charge of habitation with wheels" thing

 

[Gellyneck]

I just clicked on the 'Motorhomefun' sticker shown as an add on my page, the guy offering them was Jim, is it the same ?

Our valiant leader. He who has the sun shining out of all orifices!

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[Southdowners]

If you're in your motorhome and you've asked permission to stay overnight I would think it pretty obvious that you don't intend to drive anywhere.

 

[Paul J]

thanks Southdowners, yeah, I'm paranoid, I'll just go with option 3 then

 

[Paul J]

so, our valiant leader Jim is an active motorhomist ?

 

[Podney]

thanks Southdowners, yeah, I'm paranoid, I'll just go with option 3 then

If you have a tendency to paranoia you shouldn’t be drinking alcohol.

 

[DBK]

Been discussed here before I think. It is an unlikely scenario but if you lock the vehicle keys away in the vehicle in a safe you should be fine. Just don't sit in the driver's seat with the keys in the ignition.

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[Southdowners]

I wouldn't go for your option 3.

Opening the door in your birthday suit, and claiming, "this is my house, I can do as I please" might just be met with disapproval.

Why not just answer the door and ask what the caller wants?

 

[Paul J]

yep, I can see that now, I have some adjustments to make, I hope I'm not a complete failure at motorhoming, I was ok 15 years ago

 

[Paul J]

for the record, and seriously, I think that it's crazy how theres some slight risk of being done by the police 'in charge of a motor vehicle' when you're clearly in an ideal position to be sleeping until sober. I'm guessing that nobody has ever been charged for this, when the vehicle was a motorhome. I make a joke of it just because I'm daft and had a bump on the head as a child, but I'd worry slightly if say I was parked, wild camping in a town, and there was a knock on the door. Easy to say, don't risk it, fair enough, just that a couple of beers fit so readily with my idea of leisure time away

 

[The Nomad]

"Under English law, it is an offence to be 'in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in your breath, blood or urine exceeds the prescribed limit'.

This means people in cars while over the limit, even if they are not driving the vehicle at the time they are caught by police, can be prosecuted.

Even people who are asleep in a car while drunk can face court action.

Prosecutors and courts will take into consideration the following things before deciding whether to bring a case:

• Any evidence that suggests an intention to drive.
• Where you were sitting if you were inside the vehicle.
• Where the keys were.
• Whether the engine was on."

 

[Odd-no-more]

I put the ignition key in the gas locker, and lock the MO HO door with the remote. No key no "in charge"

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[Paul J]

the gasman was alway going to keep his keys in the gas locker, where was the toiletman going to keep his ?

good point though, I guess as long as the cops couldn't find the keys. I'd be an arse with them, if they wanted to try to prove something so stupid, I'd be happy to suggest that I'd lost them, just put them somewhere hard to find. I'm worrying about nothing

 

[Zigisla]

At 23:45 the carpark would revert to private land. It is only "in public" when the pub is open and the "public" would duly be expected to use it. Any time after that I believe it is private. Anyhoo, hypothetical as said as I am sure this does not happen and with all the many a year between us all - incl my 2, has anyone heard of it?

 

[Kingham]

I put the ignition key in the gas locker, and lock the MO HO door with the remote. No key no "in charge"

You don't need the ignition key to be in charge of a vehicle.

I know you're not going to do it, but for example, a drunk could release the handbrake and coast downhill without the engine running, but still in control of steering, braking and propulsion (albeit gravity induced).

 

[Odd-no-more]

I know you're not going to do it, but for example, a drunk could release the handbrake and coast downhill without the engine running, but still in control of steering, braking and propulsion (albeit gravity induced).

Not in my MO HO the transmission is electronic and will not work without the key.

 

[tony_g]

You don't need the ignition key to be in charge of a vehicle.

I know you're not going to do it, but for example, a drunk could release the handbrake and coast downhill without the engine running, but still in control of steering, braking and propulsion (albeit gravity induced).

Not exactly 'in control' since no ignition = no brake servo, no steering servo, and, probably, steering lock still on. Doh!

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[Paul J]

I'm starting to wish I hadn't asked. I'm gonna take my sleeping bag into the car park just in case, would I be safe there, or just picked up for being drunk and disorderly ?

 

[pappajohn]

I believe to be prosecuted for being in charge of a motor vehicle while over the limit the police need to prove "intent to drive".

Keys in a drawer, pyjamas on, drivers seat reversed (if it does), bed made up, mug of cocoa and TV blaring out....definate proof you have no "intention to drive"
It would be a real nasty bastard who 'proved' otherwise
If you are still told to sling yer hook after explaining you are pissed you are then acting on the instruction of an officer of the law and CANNOT be prosecuted.
A closed mate got away with a DD charge as he was told to move his car to a position of safety....and he had Independant witnesses.

 

[ambulancekidd]

the gasman was alway going to keep his keys in the gas locker, where was the toiletman going to keep his ?

good point though, I guess as long as the cops couldn't find the keys. I'd be an arse with them, if they wanted to try to prove something so stupid, I'd be happy to suggest that I'd lost them, just put them somewhere hard to find. I'm worrying about nothing

You come over as having a problem with authority or at least with the police, relax a bit, unwind. The police simply uphold & apply the laws of the land as prescribed by the relevant parties.

I certainly wouldn't like to try drinking or having had a drink & arguing the toss with the police about the finer points of the law.

Contrary to popular belief most cops aren't pedantic & don't set out to be bullies.

 

[Manxcat]

I take the view that if you have the blinds drawn. The front seats turned round and you are naked and in bed.

Then the likelihood of a court/prosecutor thinking that you were intending to drive would look somewhat ridiculous.

 

[Kingham]

Not exactly 'in control' since no ignition = no brake servo, no steering servo, and, probably, steering lock still on. Doh!

Why's that a 'Doh!'

You might not have as much physical control over the vehicle, but even without the servos running, there will still be a bit of braking ability, or even use of a handbrake. Steering would be problematic with the steering lock applied, but you'd still be considered to be driving, even if it's just in the direction that the steering is locked in.

You'd still legally be in control, irrespective of where the key is.

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