Drinking alcohol in your motorhome

[Robmac]

Ah ...............Is telling them to feck off and arrest some burgliers or do some proper police work instead of annoying me and my carlsberg not the right answer then :mad2:

I tried that once whilst being booked, the officer explained to me that if I really wanted to go down that route, he could have a team of mechanics dismantle my car at the roadside and, in his words, "we will definitely find several offences to book you under".

I calmed down pretty sharpish.

 

[Val54]

Hi. This one has been raised many timesbefore and I'm afraid that it would make little difference. The offence is drunk in charge and you can be in charge of a vehicle without the ability to actually drive it. For example, if you were inside the vehicle and behaving in a way that the police considered might lead you to release the handbrake and allow the vehicle to roll into the path of another then they could arrest you. A remote possibiltiy, I know but it is important to know what the legal definitions are if you are to avoid getting into trouble.

If you were behaving like that then you probably wouldn't have left the keys behind the bar
At the end of the day there is only one sure answer, don't drink if you are parking up in a public place.
Dave

 

[Wooie1958]

I tried that once whilst being booked, the officer explained to me that if I really wanted to go down that route, he could have a team of mechanics dismantle my car at the roadside and, in his words, "we will definitely find several offences to book you under".

I calmed down pretty sharpish.

:lol-049::lol-049::lol-049::lol-049::lol-049: a similar attitude got me my 1 and only speeding ticket back in the 80`s

It didn`t help when i asked him what crack in the wall or stone he`d just crawled out from as there was no one else about at that time of morning :mad2:

 

[Robmac]

:lol-049::lol-049::lol-049::lol-049::lol-049: a similar attitude got me my 1 and only speeding ticket back in the 80`s

It didn`t help when i asked him what crack in the wall or stone he`d just crawled out from as there was no one else about at that time of morning :mad2:

Subtle Graham, very subtle!

 

[John H]

If you were behaving like that then you probably wouldn't have left the keys behind the bar ��
At the end of the day there is only one sure answer, don't drink if you are parking up in a public place.
Dave

True but if you take the attitude that David seems to have and assume that the police are idiots then they will find a way to get you (as others have pointed out) so it is always wise to know precisely hat the law is - however remote the possibiltiy of prosecution. But the key thing is to be sensible and polite.

 

[SteveM]

I'm sorry,but intent is a very major part of it. The offence is drunk in charge so, in theory, anyone over the limit in a motorhome can be prosecuted, as can anyone sitting in a car. The law recognises no difference between those two other than intent. Thus, as far as I am aware, nobody has ever been prosecuted in a motorhome that is wildcamped because the intent is usually clear - but there are examples of people in cars being prosecuted on their own drives because it was judged that they could allow the vehicle to move onto the highway.

Where did I say intent was not a part?

It is not for a police officer to prove intent. It is for the driver to prove he did not intend to drive. A police officer needs to prove over the prescribed limit whilst in charge of a motor vehicle whilst on a road or public place.

A decision to proceed with a case will be made by the CPS ultimately and if they can see that the person has demonstrated they had no intent to drive then they won't proceed.

Intent is there but it is for the driver to prove he had none to drive

 

[Tbear]

Anyone who thinks the drink driving laws or the police are stupid, please go and have a chat with someone who works in A&E. You only need to see one drunk that has gone through a windscreen to give you an education that will last you a lifetime. I wish I had only seen one!

Richard

 

[Channa]

Where did I say intent was not a part?

It is not for a police officer to prove intent. It is for the driver to prove he did not intend to drive. A police officer needs to prove over the prescribed limit whilst in charge of a motor vehicle whilst on a road or public place.

A decision to proceed with a case will be made by the CPS ultimately and if they can see that the person has demonstrated they had no intent to drive then they won't proceed.

Intent is there but it is for the driver to prove he had none to drive

I totally agree, in respect of intent. Police aren't daft, I am pretty sure most would consider the situation and unless a prosecution is likely to be successful err on the side of caution irrespective of who the onus is upon. I'm equally sure the CPS have a mechanism that intervenes if they see cases presented where police intepretation is way off the mark.

Channa

 

[trevskoda]

Nobody has been convicted DIC of a motorhome when in the living area of a motorhome and no intention of driving.

Every time one of these threads pops up, you get hundreds of anecdotes about how the man down the pub got done in the driving seat of his car or, how you should give the keys to the other half, or the dog, or put them in a drawer for safe keeping.

It's all totally irrelevant to motorhomes. I keep on asking someone to post details of a successful DIC against someone in the living section of a motorhome but it never happens :lol-053:

there is no differance in the eyes of the law regarding car/motorhome it is a machanically propelled veh,if its on the highway and you have the keys its drunk in charge,i have just asked my brother who is a nic nic and he said dont come here and do it. Hand the keys to someone else save yourself the hastle.he also said when reading this try telling the judge that some fireside solicitor smartypants on the net told you it is ok ,you will be laughed out of court.all be fair warned now.

 

[John H]

Where did I say intent was not a part?

It is not for a police officer to prove intent. It is for the driver to prove he did not intend to drive. A police officer needs to prove over the prescribed limit whilst in charge of a motor vehicle whilst on a road or public place.

A decision to proceed with a case will be made by the CPS ultimately and if they can see that the person has demonstrated they had no intent to drive then they won't proceed.

Intent is there but it is for the driver to prove he had none to drive

My point is that, despite what you say, the police officer has to make an initial judgement about intent. The law is broader than you state. The offence, for example, does not have to be committed in a public place but if, in the judgement of the officer, you were likely to cause the vehicle to move onto a public place, he could arrest you even on your own drive. Indeed, there are cases of this happening.

 

[trevskoda]

Where did I say intent was not a part?

It is not for a police officer to prove intent. It is for the driver to prove he did not intend to drive. A police officer needs to prove over the prescribed limit whilst in charge of a motor vehicle whilst on a road or public place.

A decision to proceed with a case will be made by the CPS ultimately and if they can see that the person has demonstrated they had no intent to drive then they won't proceed.

Intent is there but it is for the driver to prove he had none to drive

here you would be handcuffed and taken to the copshop for a overnight and a nice breakfast,then you could tell the judge the story in the morning court,is it worth it.

 

[Channa]

there is no differance in the eyes of the law regarding car/motorhome it is a machanically propelled veh,if its on the highway and you have the keys its drunk in charge,i have just asked my brother who is a nic nic and he said dont come here and do it. Hand the keys to someone else save yourself the hastle.he also said when reading this try telling the judge that some fireside solicitor smartypants on the net told you it is ok ,you will be laughed out of court.all be fair warned now.

Hi Iagree with you Trev no difference in law between a car and motorhome , we use this fact on defending car park notices etc.

However the motorhome has a specially adapted body for habitation, that is the bit that is significant and would surely be considered in a potential prosecution by the CPS ?

A pal who is serving in Derbyshire Police I think summed it up. A few years ago he found a couple of lads " in coldish weather sleeping it off in a pub car park in a car" He gave benefit of the doubt and continued on his way .....couple of hours later when the temperature dropped lads decided not their best idea so decided to drive OPL. Of course prosecuted etc, Had it been a motorhome with heating proper bedding etc he accepts they would have stayed where they were.

Obviously he was upset thinking they could have come to harm or harmed others and rued his earlier decision ...He is now of the opinion take no chances with a car DIC, unless good reason... alot more relaxed about motorhomes and truck cabs.( with trucks the tacho will tell how long the driver is staying there really)

Channa

 

[Val54]

A parallel thread here with similar conclusions:

Drunk whilst in charge of a motor vehicle - In The Eyes Of The Law (UK Excluding Scotland) - UKPOLICEONLINE Discussion Forum

Dave

 

[Channa]

to back Trevs point up, and opl tahtter than DIC does anyone else remember the footballer a fews ago that "borrowed an electric golf buggy" and rode off the course on an established srvice road in to a motorway services to buy a burger ....was successfully prosecuted...mechanically propelled vehicle oPL in a public place in effect
Channa

 

[SteveM]

My point is that, despite what you say, the police officer has to make an initial judgement about intent. The law is broader than you state. The offence, for example, does not have to be committed in a public place but if, in the judgement of the officer, you were likely to cause the vehicle to move onto a public place, he could arrest you even on your own drive. Indeed, there are cases of this happening.

But the point is that no he doesn't have to make an initial judgement about intent. He absolutely doesn't.

And again it is for the driver to prove he had no intention of driving.

The law is not broader, please show me where a police officer has to make a judgement re intent

Section 5 Road Traffic Act

Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.

(1)If a person—
(a)drives or attempts to drive a motor vehicle on a road or other public place, or
(b)is in charge of a motor vehicle on a road or other public place,after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
(2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
(3)The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.

 

[Val54]

StevenM is correct, the only consideration for the Police is whether you should be breathalysed. So have they have seen you drinking, have you have committed a traffic offence etc. If you are breathalysed and over the limit then you will be arrested. Intent is a matter for the defence and the CPS in judging whether to pursue the case. In reality, the Police may look at the wider circumstances before deciding to breathalyse.
Dave

 

[trevskoda]

A parallel thread here with similar conclusions:

Drunk whilst in charge of a motor vehicle - In The Eyes Of The Law (UK Excluding Scotland) - UKPOLICEONLINE Discussion Forum

Dave

just sums up what my brother said if your in it with keys on a public highway in ulster you will get hammered,but if its on privat property ie your home/ land you will be ok but a pub car park is open to public and will not count.
As for a post up one if the sleeping aera is open to the controls and you have the keys nic nic will have you,It is plain to read on this post engine keys driver licence gone?
buy the way police do not have descreation here if they stop you and a offence may have been committed they must charge you as to show no discrimination between religious groups/factions as they are held accountable to ombudsman.

 

[Polar Bear]

In charge of a vehicle with excess alcohol or while unfit

http://www.marymonson.co.uk/motoring-solicitors/drunk-in-charge-of-a-motor-vehicle/

 

[Wooie1958]

Rob, is it your round yet ?

 

[Tbear]

As you point out David, it is what the judge at the time says it is. Never studied law but is that not what common law is all about. You have to hope the likes of Lord Denning have a bit of common sense.

Richard