hi all, anybody know the rules & regs for being breathalized whilst sleeping in a motor home,being a just retired hgv driver every force in the country seemed to have its own rules,some ruled that they could wake you at any time of night,others ruled that you was ok as long as the truck keys where hid outside the truck and the drivers seat was isolated away from the sleeping area,obviously I am not concerned about ..the next morning...I would not put myself in that position,just wondered if anyones been subjected to a test while parked up for the night?
cheers or maybe thanks
I will get out the tin hat yet again
, but I hope the following goes someway to answering your question. An earlier offering I posted and a snippet or two that the Prosecution will use in deciding if there is a case to answer..furthermore I have shown the statutory 'defence' !!!!
On the ' Wild Camping How to guide' I have posted the reality and statute defence on Drunk in charge. Those of you that like a tipple or five may find it interesting.
I am going to take the liberty of repeating it here for the sake of convenience.
What concerns me is that you must understand a motorhome is treated no different to a drunk sleeping it off in a car park in legal terms.And in the context that wild camping involves public places including car parks it is legislation we collectively ( and I hope you agree ) need to be aware of.
Also it is a pretty weird charge in that it is 'a reverse of burden' charge. In simple terms this means that the driver has to demonstrate he wasnt going to drive ...the onus is on the driver to prove he wasnt going to drive off.
I could but wont cite instances where the police have been caught out on this one. giving someone the benefit of doubt only to find 2 hours later driving whilst OPL.
This one is in legal speak I am afraid.
4(2) Without prejudice to subsection (1) above, a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
STATUTORY DEFENCE - IN CHARGE
4(3) For the purposes of subsection (2) above, 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.
IMPORTANT: However, in the case of Sheldrake v DPP 2003 the Court stated that in the light of the Human Rights Act 1998 this defence must be given the following meaning:
It is a defence for a person charged with this offence to demonstrate from the evidence an arguable case that at the time he was alleged to have committed the offence, the circumstances were such that there was no likelihood of his driving the vehicle while he/she remained unfit to drive though drink or drugs.
OFFICERS SHOULD ENSURE THAT SUFFICIENT EVIDENCE IS COLLECTED TO ENSURE THIS DEFENCE CAN BE COUNTERED IF RAISED
Straight form the policemans Handbook !!!
Sorry for the long post, But hopefully I have provided a little clarity in respect of two subjects that a lot of people are uncertain of.
Channa
