Drink Driving

I'm a member of another forum to do with motorhomes. Several people (including us) like to 'wild camp' responsibly, staying legitimately at places where one is permitted.

So, the question, if say I was staying legitimately in a beach car park and had had a good drink, then slept in the motorhome overnight, could I be done for drink driving that night as technically I'm in possession of a motor vehicle? Obviously I know the dangers of driving the following morning.

Any views gratefully received. Although this does not involve me, this is not a theoretical question.

[Curlyben]

Re: Drink Driving

As long as you are on private property AND the keys are well out of the way, then you should be fine.
If in any doubt leave the keys OUTSIDE of the van, somewhere safe of course.

[Hurricane Puffrose]

Re: Drink Driving

can your partner drive?

I would say if the keys are in the possesion of someone able to drive your ok. After all its not an offence to be drunk IN a car (or half of Bills passengers would be inside). Some rural pubs actually take keys from drivers to ensure you dont drink drive.

[miliitant]

Re: Drink Driving

not sure to be honest

dont you have to have your keys in your possession to be able to operate the vehicle to be prosecuted

just thinking i heard that before but please

i dont know for sure

[labman]

Re: Drink Driving

This is where it is more complex as the partner could not drive, it was in a public beach car park, but where overnight stays are permitted. Obviously leaving the keys outside is not a practical option for security reasons, so the keys have to be inside the vehicle.

I don't know whether the fact there are beds made up inside makes any difference whatsoever?

[cards down]

Re: Drink Driving

I'd be tempted to take the wheels of the motor home when I was blind drunk, then the very next morning scratch my head and wonder who the hell nicked my wheels.
------------------------------- merged -------------------------------
Could the battery be easily removed?

[Mrs James]

Re: Drink Driving

Personally I don't see how you could be prosecuted for drink driving if you wasn't actually physically driving! So unless you're sat in the drivers seat with the key in the ignition, I would say it would difficult to prove a case of DUI!

[miliitant]

Re: Drink Driving

Its Being Drunk In Charge Of A Vehicle, Not Driving

[bluebottle]

Re: Drink Driving

Militant has got it. The offence is Being in Charge of a Motor Vehicle Whilst Under the Influence of Drink or Drugs. You only have to have the keys in your pocket or hand to commit an offence. The defence to the offence is if you can prove there was no likelihood of you driving whilst unfit to do so through drink or drugs.

[Celestine]

Re: Drink Driving

Militant has got it. The offence is Being in Charge of a Motor Vehicle Whilst Under the Influence of Drink or Drugs. You only have to have the keys in your pocket or hand to commit an offence. The defence to the offence is if you can prove there was no likelihood of you driving whilst unfit to do so through drink or drugs.

And I would imagine sleeping in a motorhome would be deemed a reasonable occasion to be in 'charge' of the keys but not planning on driving.

Whereas a sleepover in a Fiat Cinquecerrappo would not?

[Hurricane Puffrose]

Re: Drink Driving

I would assume if a passing constable was to come across someone asleep in a motorhome, sound asleep and snoring, that as long as said motorhome wasnt parked in someones hedge, or halfway up an embankment, that you would be ok.

If its somewhere you go regularly it may be worth asking the local landlord/lady if they will keep your keys for you, i think some hotels may offer a safety deposit box for a small charge (the one i worked in did)

[labman]

Re: Drink Driving

I ask on behalf of a friend who has just been done for this. He was not actually asleep, but was intending staying the night, and all signs were that they were settled in for the night. However the local plod, possibly being over zealous, did him and he is now facing a ban.

I just wondered what his chances were of submitting a decent defence.

Thanks for your replies so far!

[shell]

Re: Drink Driving

In many long established truck stops they have a pub, truckers who use the pub usually put their keys in one of the lockers in the cab so that if the police do arrive the presumption is that the driver is there to sleep and has no intention of driving.

I believe that as long as the keys are out of sight and that the vehicle is equipped for sleeping, then you should be fine.

[Hurricane Puffrose]

Re: Drink Driving

I would like to think that if all the signs were that he was settled in for the night a judge would think twice about banning him.

On a similar line i googled this to see if i could find i legislation etc, and discovered you can be arrested for drunk in charge of a wheelchair! OOPS guilty as charged when i was 18!!!

[shell]

Re: Drink Driving

Section 5 Road Traffic Act 1988


Drunk Whilst In Charge Of A Motor Vehicle


Section 5(1)(b) Road Traffic Act 1988. Drunk in charge of a motor vehicle.If you are charged with being Drunk in Charge of a Motor Vehicle, the police may lead you to believe that establishing that you were over the legal limit and in possession of the keys whilst inside or close to your car is sufficient for the offence to be made out. There is a defence often overlooked by the police officers in interview whereupon a person is entitled to be acquitted if he can establish that there was no likelihood of him driving whilst he remained over the legal limit.