Having a tipple and avoiding drunk in charge?

[Velma's Dad]

Anyone really bothered by this risk should go and sit in a magistrates' court for a couple of days. You'll see for various reasons that the CPS would be extremely unlikely to bring such a situation to trial. And even if they did, the chances of conviction would be extremely low

Can never say never, but as good as, in my opinion.

The above does not constitute legal advice.

 

[ArunAlec]

I think that there are too many variables and permutations to this one!
Even if the chances of a conviction are low, any police officer coming across a potentially drunk driver would reasonably err on the side of safety and breathalyse/arrest, even if it doesn't lead to a conviction.

 

[MarkVw2017]

Thank you to everyone for your words of wisdom.

So basically, its just not allowed really to have a drink and be in a cali in a public place (eg road, layby, etc)

Yes, appreciate its unlikely police would be bothered but even a 1% chance, loosing my licence would mean loosing my job and loosing my cali.

And it seems too hard to prove that you had no intention of driving.

From reading on Google as well, it also seems a pub car park whilst the pub is open, can also be classed as a public place as used by anyone and the most likely place police will check.

So to conclude from what you have all kindly said is;

Dont be anywhere near your cali when youve had a drink and if you want a drink, makesure your not in a public place (eg campsite) or Makesure one person stays soba.

I feel owning a motorhome/ camper with a bed in should be looked at slightly different in terms of 'drunk in charge' cases because its not just a car but a place to eat, sleep and work and you could stay in it for several days easily without ever driving but thats another thread!

Thanks again

 

[calikev]

You will be ok if you can demonstrate that you have no intention to drive if staying in a pub car park leave the keys behind the bar. Maybe lock them in the safe make the bed up wear pyjamas you should be ok

 

[ArunAlec]

Thank you to everyone for your words of wisdom.

So basically, its just not allowed really to have a drink and be in a cali in a public place (eg road, layby, etc)

Yes, appreciate its unlikely police would be bothered but even a 1% chance, loosing my licence would mean loosing my job and loosing my cali.

And it seems too hard to prove that you had no intention of driving.

From reading on Google as well, it also seems a pub car park whilst the pub is open, can also be classed as a public place as used by anyone and the most likely place police will check.

So to conclude from what you have all kindly said is;

Dont be anywhere near your cali when youve had a drink and if you want a drink, makesure your not in a public place (eg campsite) or Makesure one person stays soba.

I feel owning a motorhome/ camper with a bed in should be looked at slightly different in terms of 'drunk in charge' cases because its not just a car but a place to eat, sleep and work and you could stay in it for several days easily without ever driving but thats another thread!

Thanks again

It would nice if campers/motorhomes could be given dispensation but can you imagine the complications of defining what a campervan was? There have been so many posts...... Log book, Caravan Club, local parking by-laws all have different views. I think the legislation would make Br***t look like a doddle!

 

[T6 CFO]

Anyone really bothered by this risk should go and sit in a magistrates' court for a couple of days. You'll see for various reasons that the CPS would be extremely unlikely to bring such a situation to trial. And even if they did, the chances of conviction would be extremely low

Can never say never, but as good as, in my opinion.

The above does not constitute legal advice.

I agree completely.

If I was wild camping I would not have a drink as there would be a possibility that I might have to move, not because of concerns of being breathalyzed.

It comes down to common sense.

Mike

 

[alan middleton]

The point here is why the law exists. It’s to keep people safe. Even if you think you won’t move your car st the beginning of the evening, your normal sensible conscience is affected by the drink. So despite your best intentions, you may end up moving your Cali.

So rather than avoiding prosecution, rather avoid hurting yourself or someone else.

 

[T6 CFO]

The point here is why the law exists. It’s to keep people safe. Even if you think you won’t move your car st the beginning of the evening, your normal sensible conscience is affected by the drink. So despite your best intentions, you may end up moving your Cali.

So rather than avoiding prosecution, rather avoid hurting yourself or someone else.

Exactly. The law is secondary

I have three boys all well grown up now.

In turn when the time came.

“Why don’t you drink and drive”

Wrong answer.

“Because if I get caught I’ll get a ban and pay extortionate insurance”


Right answer.

“Because if I did and someone was injured I would never forgive myself”

Gold star and keys to car.


Mike

 

[MarkVw2017]

Exactly. The law is secondary

I have three boys all well grown up now.

In turn when the time came.

“Why don’t you drink and drive”

Wrong answer.

“Because if I get caught I’ll get a ban and pay extortionate insurance”


Right answer.

“Because if I did and someone was injured I would never forgive myself”

Gold star and keys to car.


Mike

This is the point, under no circumstances would i and im assume 95% of Cali owners would ever drink and drive, hence we have alovely bed.

 

[MarkVw2017]

The point here is why the law exists. It’s to keep people safe. Even if you think you won’t move your car st the beginning of the evening, your normal sensible conscience is affected by the drink. So despite your best intentions, you may end up moving your Cali.

So rather than avoiding prosecution, rather avoid hurting yourself or someone else.

You could also use that exact same basis for drinking at home though with a cali on the drive/ road, whats stops people driving off then?. Having a bottle of wine doesnt mean you loose all logic and sense of reality. Drinking and driving is WRONG, drunk in charge of a vehicle when the vehicle is basically a hotel room, is a silly and frustrating law and targets the masses of campervan/ motorhome owners rather than the real idiots on the road. Rant over

 

[T6 CFO]

You could also use that exact same basis for drinking at home though with a cali on the drive/ road, whats stops people driving off then?. Having a bottle of wine doesnt mean you loose all logic and sense of reality. Drinking and driving is WRONG, drunk in charge of a vehicle when the vehicle is basically a hotel room, is a silly and frustrating law and targets the masses of campervan/ motorhome owners rather than the real idiots on the road. Rant over

It would be if that was the case, but it’s not. Who are all these innocent campers getting breathalysed?

Yes it may be possible to interpret the exact words or find a poorly reported case in a red top suggesting that happened. But in reality drunk in charge is in place to prevent the full offence and that is how it is policed.

Example.

Man is in country pub staggers out clutching car keys. Gets in drivers seat, struggles to get key in ignition.

Without drunk in charge any police officer observing would have to wait for a drunk to drive off before acting. Not a good plan.

I hear so many times on various issues quotes spreading fear when it’s sole purpose is to sell chip papers.




Mike

 

[MarkVw2017]

It would be if that was the case, but it’s not. Who are all these innocent campers getting breathalysed?

Yes it may be possible to interpret the exact words or find a poorly reported case in a red top suggesting that happened. But in reality drunk in charge is in place to prevent the full offence and that is how it is policed.

Example.

Man is in country pub staggers out clutching car keys. Gets in drivers seat, struggles to get key in ignition.

Without drunk in charge any police officer observing would have to wait for a drunk to drive off before acting. Not a good plan.

I hear so many times on various issues quotes spreading fear when it’s sole purpose is to sell chip papers.




Mike

Hi Mike,

That's fair enough and fully appreciate that, but what about if the said man in your example, staggers out the pub, opens the side door of a cali and then collapses on the bed?

 

[T6 CFO]

In practice, nothing as he had no intention to drive.

In theory he would have to provide some evidence.

We are though talking in reality, not theoretical what ifs and dreaming up worst case scenarios.

If you read the law you will find that it is written in such a way to allow for common sense in the same way as many others. British law to a large extent relies on interpretation and stated cases.

You need to be worrying about something else


Mike

 

[MarkVw2017]

In practice, nothing as he had no intention to drive.

In theory he would have to provide some evidence.

We are though talking in reality, not theoretical what ifs and dreaming up worst case scenarios.

If you read the law you will find that it is written in such a way to allow for common sense in the same way as many others. British law to a large extent relies on interpretation and stated cases.

You need to be worrying about something else


Mike

True, tbh, feel the police have enough to worry about! Watched a documentary the other day on gun crime and its quite worryng what the policee actually have to put themselves through to protect us all!!

 

[Stevieste23]

Glad I found this post. Good advice and food for thought. Genuine and good answers to a interesting argument.


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[Jabberwocky]

Stay on sites or in pub car parks and use something like this to make sure you are ok the next morning
https://www.amazon.co.uk/dp/B001LZ3D02/?tag=eliteelect-21
ref=mp_s_a_1_1?ie=UTF8&qid=1536094646&sr=8-1&pi=AC_SX236_SY340_QL65&keywords=breathalysers&dpPl=1&dpID=51yQbcfmLlL&ref=plSrch

Or one of these thingies:
https://evaq8.co.uk/single-use-brea...Io-1iyVJiLUk-pOpRbAdb5agsb9qr08AaAmLvEALw_wcB

 

[Ting Tong]

Or one of these thingies:
https://evaq8.co.uk/single-use-brea...Io-1iyVJiLUk-pOpRbAdb5agsb9qr08AaAmLvEALw_wcB

Or use the NF one in your glovebox that you bought for that French trip but will never get fined for not having.

 

[Jabberwocky]

Or use the NF one in your glovebox that you bought for that French trip but will never get fined for not having.

........when did you look in my glovebox! Note to self - be careful who looks around your van at Cali meets . Do you know how many I have as well?

 

[Wongo]

I think this situation also should be seen in the context of current policing numbers & priorities. I'm not sure you're ever going to get a police officer knock on your Cali door and have the conversation to be honest

Dont be so dure tecently my mate was pulled ober i Noth Wales about the typeface on his number plate, the ‘protector of the public’ involved made my mate wait 45 minutes for a traffic cop as well before usduing a ticket.
Its actions like these that set back the police

 

[Ting Tong]

........when did you look in my glovebox! Note to self - be careful who looks around your van at Cali meets . Do you know how many I have as well?

Yes, 2 and they’ll both be out of date like everyone else

 

[B J G]

Dont be so dure tecently my mate was pulled ober i Noth Wales about the typeface on his number plate, the ‘protector of the public’ involved made my mate wait 45 minutes for a traffic cop as well before usduing a ticket.
Its actions like these that set back the police

Number plates have a legal typeface spec. and they are becoming more of a targeted issue as NPR cameras rely on the correct typeface and character spacing to read. Simply a case of having a fully legal vehicle to avoid any reason to be pulled.

 

[Jabberwocky]

Yes, 2 and they’ll both be out of date like everyone else

Stop looking........

 

[Wongo]

Number plates have a legal typeface spec. and they are becoming more of a targeted issue as NPR cameras rely on the correct typeface and character spacing to read. Simply a case of having a fully legal vehicle to avoid any reason to be pulled.

Maybe a warning woukd have sufficed, not two hours of jobsworths!

 

[Velma's Dad]

Its actions like these that set back the police

Have to disagree a bit on that. In my experience most police officers are very reasonable, sensible and professional. But they have to put up with a lot of sh*t, not just from 'the usual customers' but also sometimes from members of the public who think the law shouldn't apply to them. Which TBH would irritate the hell out of me, if I was trying to do their job.

 

[RoB5urf]

Why do people think they can get away with non standard number plate lettering. Only thing worse is non standard spacing in a ridiculous attempt to create a private plate. That really winds me up. Rant over.

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