Alcohol and Motorhomes

[colinm]

I would note there are two distinct charges, drink driving, and drunk in charge. Drink driving is fairly self explanatory, drunk in charge is where the grey area exists, you could be charged with no keys in the ignition and being in the back, it would then be up to you to persuade the court you had no intention of driving.

 

[trevskoda]

Stayed overnight wild in North Wales New Years eve, Made sure I only had 2 cans when the fireworks were going off for this very reason.

I drank one pint once and was stopped a few hundred yards up the rd,police did the b test and told me i was very very close to getting a day in court,that finished it for me.

 

[Sharpie]

Well over 20 years ago I used to blast my motorcycle down to my parent's place in Lot et Garonne in one day, setting off very early in the morning after crossing La Manche, and usually stopped off for a meal at a real Les Routiers truck stop for lunch. The food was excellent, the company good, but even then I was bemused that we were all each given a bottle of the local plonk to wash it down with, which they all seemed to do. I did once ask but was misconstrued, was told that if I was still thirsty just ask for a second one, no extra charge.

Thankfully they mostly seemed to take a long rest afterwards and the roads were clear for at least a couple of hours afterwards to let met get on with ahem, rapid progress.

Times have changed, for the better, but I do miss really using the roads, and my bike, at sustained speeds that seem like insanity looking back.

 

[barryd]

Load of tosh. I skipped through the video and cant understand why they bothered making it unless it was to get views and subscribers with something that always ends up being a hot topic when discussed on motorhome forums. As far as I am aware in all the years I have been motorhoming and on all the forums I dont know anyone who has been done while wilding, parked in a pub car park or anywhere else. Never give it a second thought. There are two of us in the van, both with licences. Who are they going to prosecute if we are both pissed?

 

[in h]

I would note there are two distinct charges, drink driving, and drunk in charge. Drink driving is fairly self explanatory, drunk in charge is where the grey area exists, you could be charged with no keys in the ignition and being in the back, it would then be up to you to persuade the court you had no intention of driving.

No it wouldn't. It would be up to the prosecution to prove (not persuade: it has to be proof "beyond reasonable doubt") that you had an intention of driving. And if you had no intention of driving, how could they do that?
Innocent until proved guilty. That's the legal position.
This is a stupid issue in any event.
Many of us have a car parked in the driveway at home, and the keys in our pocket. Just as much "in charge" of the vehicle when having a drink at home as if you were parked up in a motorhome.

 

[colinm]

No it wouldn't. It would be up to the prosecution to prove (not persuade: it has to be proof "beyond reasonable doubt") that you had an intention of driving. And if you had no intention of driving, how could they do that?
Innocent until proved guilty. That's the legal position.
This is a stupid issue in any event.
Many of us have a car parked in the driveway at home, and the keys in our pocket. Just as much "in charge" of the vehicle when having a drink at home as if you were parked up in a motorhome.

You haven't noticed that I carefully worded my post, I purposely posted that you would need to 'persuade' the court, and yes it's for the prosecution to prove the case. To just dismiss the idea that you might get prosecuted is naïve, I certainly wouldn't pretend that I was clever enough to know every single circumstance as to how this might happen.
p.s. you might want to read the CPS guidelines.

Section 5 RTA 1988 sets out this offence and provides a defence.
A person who drives or attempts to drive a motor vehicle on a road or other public place, or 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 is guilty of an offence.
In relation to being in charge of a motor vehicle, a person is not guilty if he proves that 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 exceeded the prescribed limit.

 

[runnach]

Less likely in a mohtorhome where you have a bed proper heating facilities different proposition to a car

 

[Toffeecat]

You haven't noticed that I carefully worded my post, I purposely posted that you would need to 'persuade' the court, and yes it's for the prosecution to prove the case. To just dismiss the idea that you might get prosecuted is naïve, I certainly wouldn't pretend that I was clever enough to know every single circumstance as to how this might happen.
p.s. you might want to read the CPS guidelines.

Perhaps the best explanation out there. Yes you may have a slurp but ensure that if plod pulls you you can prove you wernt going to drive. Simples. £$%^...…..I need a drink!

 

[Martin P]

The police are so short staffed these days that it is highly unlikely they would have time to knock on a quietly parked up motorhome door anyway

 

[Fisherman]

Less likely in a mohtorhome where you have a bed proper heating facilities different proposition to a car

Now that’s common sense, and that’s how I see it.
We normally share a bottle of wine, and it’s part of the fun for us.
And I have absolutely no plans to change what we enjoy.
Remember you are innocent until proven guilty, and they would have to prove that you were intending to drive. It seems to me a lot of bother for our under resourced over worked police force, and our courts that are struggling to deal with far more important issues.

Reading this between the lines, this is for car drivers who are drunk in their vehicles, were the likelihood is they would have driven whilst drunk. The likelihood is the reverse for us, hence the no overnight parking signs everywhere.

 

[colinm]

Remember you are innocent until proven guilty, and they would have to prove that you were intending to drive. It seems to me a lot of bother for our under resourced over worked police force, and our courts that are struggling to deal with far more important issues.

Upon reading the actual legislation, this is a 'absolute offence', therefore if the cps can prove you where drunk in charge of the vehicle, it is then up to you to prove you where not going to drive it.
Being in a MH you would hope this is relatively straightforward.

 

[Fisherman]

Upon reading the actual legislation, this is a 'absolute offence', therefore if the cps can prove you where drunk in charge of the vehicle, it is then up to you to prove you where not going to drive it.
Being in a MH you would hope this is relatively straightforward.

Has any Motorhomer ever been convicted, or does anyone know one who has.

 

[Canalsman]

I have been a member of this community for about nine years, and this is a topic that arises on a regular basis.

There have been no reports of a motorhome owner being questioned let alone arrested in this regard.

 

[Fisherman]

Upon reading the actual legislation, this is a 'absolute offence', therefore if the cps can prove you where drunk in charge of the vehicle, it is then up to you to prove you where not going to drive it.
Being in a MH you would hope this is relatively straightforward.

Colin I have no doubt that technically you are correct. But why would the police behave like this towards law abiding people. They know fine well that we will be staying overnight.
There are many laws that are broken every day Colin, that are ignored for practical reasons by our police force.
I doubt very much if any Motorhome owner will ever be prosecuted, and also I reckon any PC who initiated such a charge could be in bother with his superior officers. I will continue having a drink because my conscience is clear.

 

[trevskoda]

No it wouldn't. It would be up to the prosecution to prove (not persuade: it has to be proof "beyond reasonable doubt") that you had an intention of driving. And if you had no intention of driving, how could they do that?
Innocent until proved guilty. That's the legal position.
This is a stupid issue in any event.
Many of us have a car parked in the driveway at home, and the keys in our pocket. Just as much "in charge" of the vehicle when having a drink at home as if you were parked up in a motorhome.

Your car is on privet ground not open to public,second you can be done for drunk in charge,my uncle and a chap i hung around with were done,the later asleep back seat in uni grounds/public place,maybe english police are lazy sods but over here its a gold medal on the way up the ranks.
Southern Ireland use to be soft but all over now and they to will not only charge you but your car gets impounded on the spot,same for speeding.

 

[colinm]

Colin I have no doubt that technically you are correct. But why would the police behave like this towards law abiding people. They know fine well that we will be staying overnight.
There are many laws that are broken every day Colin, that are ignored for practical reasons by our police force.
I doubt very much if any Motorhome owner will ever be prosecuted, and also I reckon any PC who initiated such a charge could be in bother with his superior officers. I will continue having a drink because my conscience is clear.

I very much doubt the police would take action, but that doesn't mean they never will, it may be as part of some other infraction they throw that in as an extra charge.
At this point maybe I should post something that happened to me about 20 years ago.
We had parked up for the night next to a rugby club, went into town and had a few pints, we noticed as the night went on there was an 'atmosphere' in the streets, went back to the van and started getting ready to go to bed when (my best description) a street riot erupted and was heading towards us, I got in the drivers seat and at the last moment drove off in a hail of bottles and glasses, technically I have no doubt I was driving whilst drunk, but I had a valid excuse, we where in fear of being attacked, I wouldn't have wanted to argue that one in court, ever since we've never had more than a pint whilst wilding.

 

[Okta]

If you know you are secure for the night e.g. a pub car park with permission, then a drink seems reasonable. However if there is a possibility of being harassed by the public or moved on by an authority then I take a more cautious approach. Remember our parking habits are not always popular with locals (inconsiderate campers may have been there the night before) and the local Police may well sympathise with the locals.

 

[Martin P]

Parked up somewhere wild cooking a bit of fish you just bought off a boat with some samphire you picked yourself washed down with a bottle of beer or a glass of wine or two
You just cant beat it

 

[Wooie1958]

I gave up drinking and driving years back after i found i was spilling too much when going round corners

 

[colinm]

I gave up drinking and driving years back after i found i was spilling too much when going round corners

There's a skill to it, here's a friend of mine drinking and flying.