Drunk in Charge

[ferretstroker]

Hi. I have never posted a note before so please bear with me. I think I sent this same note as a reply in a current string and if so, sorry ! - anyone know for sure what the situation is if the plod catch you in your van, wildcamping, ona highway or public car park - with a skin full of Ale? No intention at all of driving the vehicle but I think the offence is related to being in charge of rather than actually driving?

 

[roifromnwales]

that's correct ferret.
a friend of mine was actually asleep in the back when woken by the police and breathalised and charged. his argument that the gf had thrown him out after an argument and he was just sleeping in the car was ignored.

 

[stevek]

Ferret,the relevant law is Sectio4 (2)of the road traffic act1988 which is Being in charge of a mechanically propelled vehicle on a road or other public place when unfit to drive through drink or drugs.

Section 4(3) however states that "a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs"

Section 4(3) however does not "do away " with the original power to arrest for the section 4(2)offence.

CPS require, for anybody caught up in this process,to be interviewed whilst under arrest regarding thier intention to drive.So supporting evidence of when in a Motorhome overnight and no intention to drive could be ,front blinds on the windows ,any security on steering wheel fitted,any support legs down,the fact that your in bed under a duvet etc.

I,ve been overnighting for 13years now and never had one query from police possibly because its remote areas which rarely see police.

I appreciate what roi states but section 4(3) does apply.

 

[HappyHippy]

Deleted by auther.

 

[Aaron_TransitVan]

Ive been thinking about this for a while!

I cant think of any time when i would stay out in the van and 'not' drink

Usually the keys are hung up on a hook or put in the glove box. Think ud have to get a right w******r of a copper to breathalise ya if u wasnt causing any hassle!

 

[rogerangie]

It's a time when we are out in our vans, away from home and the trials and tribulations of life. Of course we have a drink. We often have a glass of wine when out for a meal and we certainly do in the van, thats what it's all about. In all the years we have been doing our thing we have never been questioned or bothered by the plod except in a friendly helpful way.

 

[Black dog]

AIUI, you have to be able to prove that you have no intention of driving in order to avoid a charge of "drunk in charge". Leaving your keys in the pub is a good way, although we couldn't lock up at night if we did that!

I would say that putting the keys somewhere obviously "away" (like locked in the glovebox) might do it, or disabling the engine in some way. If I have to use the mobile while driving, I pull off the road, switch off the engine and then put the keys on the dash. That way you have demonstrated clearly that you do not intend to drive as the car is effectively "immobile".

As Aaron says, you'd have to be a very unfriendly copper to charge someone if they had gone to the effort of showing they know, and are abiding by, the law.