drink and the law

The problem as I see it is that there could be unforeseen circumstance that might make you move your MH when drunk. For example a moor fire which could involve firemen and the police and you with a skin full. I don't think it could be a defence in the courts if that was to happen or any other similar reason for the MH to be moved. There is also the consideration that the police take, that of how did the vehicle get there? PC Plod might just, if he's inclined
push the point! And hope for a conviction. It's not worth it, so do not don't take the chance.
 
suppose when you come down to should you consume a reasonable amount of alcohol or not is up to the individual, it certainly is not worth getting of your face on booze as there is always next morning to consider .but i think the chances of a cop challenging you when you are parked up car park laybie or even a campsite (yes you can be prosecuted on one of them ) is minimal, then finding one that is so hell bent on arresting you taking you to court considering that he must prove that you intended to drive whilst over the limit very difficult to do, then the chances are that charges may be dropped before a court date ie lack of evidence as to intentions of driver to drive , then the magistrate has to make the decision whether he believes you had intentions to drive the chances of a conviction are getting slimmer by the minute when said cop only has to wait 50 yds from any pub to definitely catch a drink driver as i say its up to the individual to make that decision i know what mine is . another way to look at it is saturday night after a skin full of beer car sat on drive at home do you still think you are not in charge of a motor car can you still have intentions to drive .90% of cops do use there discretion after all ....... only my opinion i hope you understand .
 
You could always fit a kill switch to the engine which you can hide, and ask the nice police man to see if he could start your van for you.
After you have explained that you have broken down of course, and your mate will be coming to fix it for you the next day.:rolleyes:
 
"90% of cops do use their discretion after all ......." that leaves 10% who do not! I don't like those odds.
 
niether the missus or me drink so it dose'nt affect us but in a lot of years travelling i have yet to hear of it happening, ok the law is there but i think you would need to upset the plod for them to use it, even a cabbage has an heart :confused::D
 
"even a cabbage has an heart" not as rotten as a rogue PC Plod perhaps!
 
my reply

As usual the law is an ass!
I would love to live in a black and white world but after speaking to various cops it would seem that it is a grey area - suprise suprise!
So i am going to make up a small locking box on a chain so that I can lock the van key in it and then lock to a tree or even to the bumper. Then only use the habitation key (even the van radios now do not need the key). Can not see how I can be in charge if I do not have the key to start the van.
Thanks for all your replies but please as it was and is a very serious question no more funnies! After all no one wants to loose their licence!
 
trevor you are 100% correct, it is up to the individual,me personally a couple of cans no probs, i have more chance of losing my licence through speeding :eek::eek:. there is no way of getting away with drunk in charge of a mechanically propelled vehicle even if you have steering locks on keys locked in 2 safes with the keys deposited with wife and children 4 flat tyres layed naked in bed. your name is on that log book you are legaly in charge of that vehcle youcan still get the keysand drive away . in law even if you are in bed vehicle parked on drive at home it still apply s, you can still disable any immobilizer drempt up by mankind because you have fitted it you have the opportunity to enable the vehicle to drive. the thing is THE LAW HAS TO PROVE YOU INTEND TO DO THAT if you are asked to remove said vehicle just say no i am pissed and to do so will cause a police officer or any other person legally authorised to make you move comparable in law. or just say you move it i cannot best bet is be very nice grovel and no probs
 
Trevor said:
cipro said:
So when you say no does your partner say no, if nobody else
is in the van then who is the driver.

The thing is he would then have to prove who was, that would have to be done in court, I am Spartacus no I am Spartacus, I don't think he will crucify both of you's:eek:
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best idea is learn the wife or girlfriend or next door neighbors wife (if she is with you:eek::D) to drive then you can drink all you want. keep her sober ie tea or coffee then said companion can move the van sorted :D:D after all priorities have to be sorted :eek::eek::D:D
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I got an e-mail the other day from folks in Canada. The whole e-mail was written with the words all jumbled up. But it was dead easy to read. Reason being, is, the first and last letters are in the correct place, the rest mixed. it is readable. Example:- I fnilaly recahed the end of the sretet. If you can red that, you are not drunk.
 
opoos tnhik i wlil hvae to hvae a dirnk bferoe i srot taht ecxsue out:D mind you without a spell checker thats how all my posts look. pity i cannot find something for punctuating them too he he he
 
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Even though the boys in blue do not make me sit up and exclaim "sterling Fellows, the lot", I would find it unlikely to encounter the most obnoxiuos of the breed in the sort of places that we would be wilding in.
More likely to be blagging a free curry or fish and chips, "Just checking for illegal aliens, unless of couse you still do that really nice chiken makani with a tadoori king prawn starter, three onion bhaiji's, four keema nans, eight bombay alloo, a couple of cans of cobra and we won't have been here, alright with you kassim".

So the answer is, invite them in, make them a brew, some beans on toast and ........... don't show them your Khazakstani Au pair.;)
 
sheepdip said:
Hi everyone just joined tonight and I have an issue with the law over sleeping in your motorhome while over the limit to drive - what is the law.
I was only using my van to tow my racecar and somewhere to stay trackside, now using it more for pleasure which has now included wild camping but I do like the odd glass of wine!
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It's OK only on private land not on The Queens Highway at all, ever


Sparky
 
sparkymik said:
It's OK only on private land not on The Queens Highway at all, ever


Sparky
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oh no !!!! we are talking about drunk in charge not drink driving . a world of difference. if you are on private land you can still be arrested for drunk in charge even your own drive at home. after all you have access to means of driving i e keys no matter where they are . it is very unlikely but the offense still stands in law, the thing is have the police reasonable doubt that you will attempt to drive if so you may be arrested if not they will wait till you move next day!!! to expect a conviction they must prove intention very hard in court, batting on a sticky wicket that is why the offence of drunk in charge of a mechanically propelled vehicle is virtually unheard of nowadays they usually get you next morning for drink drive then that is your own fault and you deserve what ever comes to you personally a life ban. have you ever been to a accident where a drunk diver has killed not a pretty sight believe me. my veiws are a couple of cans ok no probs off face no no
 
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