PDA

View Full Version : Drinking alcohol in the back while parked up



julesgemini
05-12-2013, 23:43
This is a bit scary. I found out that if u are parked up at side of the road and decide to have a drink in the back you can be done for drunk in charge of a vehicle. It's not Likely the police will act on it but they could if they wanted to. It's important not have the keys on your person. Hide them in a cupboard and also put the steering lock on to show the vehicle is not drivable and that u have no intention of driving it. The real problem would occur if heaven forbid another vehicle crashed into you while parked up asleep or in the back as police would breathalyze everyone!

John Thompson
06-12-2013, 11:31
Whether you have the keys or not you are still in charge of the vehicle. You can be charged for being drunk in charge of a push bike and that doesn't have keys. If you are with the vehicle then you are in charge of it.

If you are parked in a layby then it is part of the highway. The police would not be interested in you unless you are causing an obstruction, or if you are not displaying lights on a road with a speed limit of more than 30mph and your vehicle is over 3050kg.

Would you be fit to drive the next morning is more to the question?

mandrake
06-12-2013, 11:38
been on lots of times about this subject ,but although technically speaking you are libel to be charged the police have to show that you intended to drive . keeping the keys away in a cupboard and with a steering lock on they could say that you are still able to drive the van .fortunately the chances of that happening are remote in the least.in my time in the van i have spoken with the police whilst having a drink and they have not been in the least bit interested .only time a problem could arise is if you have to move for some reason beyond you control.you cannot be moved on by anybody if you have had a drink as this would cause them to make you drive an offense in itself .i think its up to the individual to decide whether he or she consumes alcohol whilst parked in the van ,me personally ,i used to have a couple of drinks in the van ,considering next morning you will more than likely be driving. its worth noting that the law still stands if your on a camp site even as its still a public place .just to put things into perspective ,if you are drinking in the house and your car is on the drive/road side your still in charge of a motor vehicle whether you have the keys with you or in a drawer ,it could be argued that you still have the opportunity and are capable of driving .

yorkieowl
06-12-2013, 11:39
If we are parked on a road, we always make sure one of us is legal to drive, for whatever reason you may want to move, problem solved;)

mandrake
06-12-2013, 11:41
If we are parked on a road, we always make sure one of us is legal to drive, for whatever reason you may want to move, problem solved;)

thats ok if you have two that drive

yorkieowl
06-12-2013, 11:44
Works with one, just don't drink.:D

mandrake
06-12-2013, 11:55
suppose that is the way .then you know your safe ,but its a bit boring

Goaskalys
06-12-2013, 11:55
I would have thought that you are more likely to be hit by a piano falling from the sky. I think your average copper has better things to do...

yorkieowl
06-12-2013, 12:10
I would have thought that you are more likely to be hit by a piano falling from the sky. I think your average copper has better things to do...

Probably, but sh*t happens, and for us its not worth taking the risk, don't fancy having to pay insurance premiums after being caught DIC.

Tezza33
06-12-2013, 12:45
A friend of mine who had an argument with his Wife went out in his car and bought a bottle from the Supermarket, he sat in the back seat in the car park and drank a few then curled up under a blanket and slept, the Police saw him at 4.00 in the morning and arrested him for being drunk in charge of a motor vehicle, his argument in Court was that he had no intention of driving and just wanted to sleep, the magistrate found him guilty and said if he hadn't left the keys in the ignition he could have argued he didn't intend to drive but the keys showed intent.

I read somwhere that if you sleep in a pub car park it is advisable to leave your keys with the Landlord but that might just be the advice if you are in a car, I have never heard of anybody being taken to Court for being drunk in a Motorhome and I am sure it would make the headlines somewhere.

Harmergeddon
06-12-2013, 12:57
There is so much hearsay and internet rubbish/myth about this one it is difficult to know what to believe and i suspect alot will depend on the actual situation.
Excercise common sense and if you think there is a likelhood youmight get breathalysed then don't drink or don't answer the door.

just jane
06-12-2013, 13:59
I have many of thes odd DIC stories.
I know someone who has been done for drunk in charge of a pushbike
I also have a neighbour who was done when he was intending to leave his car parked on the high street near the pub he'd been drinking in but got in to retrieve his coat or something on his way past and he fell asleep and a passing copper spotted him.
I have a friend who was done because he was a passenger(asleep) in a car which his wife had just sold to another friend, the driver was drink driving and when he saw the police following him he turned into a housing estate and abandoned the car and sleeping passenger. The police refused to believe my friends story and prosecuted him and to add insult to injury did him for no license because he still (25 years later) has no car license only a bike. He did pay his large fine in pennies though.:D
My husband was once breathalysed after pulling over in a pub car park for a rest, when on the way home from a night shift at 7.30 am, after realising that he was dangerously tired.

Nowadays it doesnt affect me because I drink very little and my husband does not drink at all

Seannachie
06-12-2013, 14:13
He did pay his large fine in pennies though.:D


Unlikely, as by long-standing statute no-one was obliged to accept more than 2.00 in copper coin (as it was not deemed to be legal tender if more than that amount), and the Courts were well aware of the law. This law was passed to stop the sort of nonsense you claim your friend supposedly did when people tried to pay of debts etc in farthings and other small coin. The same statute limited the amount of silver coin which could be given as legal tender too.

Siimplyloco
06-12-2013, 14:14
.the magistrate found him guilty and said if he hadn't left the keys in the ignition he could have argued he didn't intend to drive but the keys showed intent.

..

Absolutely true. We were taught at Hendon that keys in the ignition AND the driver sitting at the wheel denotes being charge of the vehicle. Most of the horror stories I heard of usually involved some sort of altercation, and the driver usually got what he/she deserved!
John

just jane
06-12-2013, 15:00
Unlikely, as by long-standing statute no-one was obliged to accept more than 2.00 in copper coin (as it was not deemed to be legal tender if more than that amount), and the Courts were well aware of the law. This law was passed to stop the sort of nonsense you claim your friend supposedly did when people tried to pay of debts etc in farthings and other small coin. The same statute limited the amount of silver coin which could be given as legal tender too.

I am aware of this but he is actually a good friend so I know that it did happen and it is not an urban myth, the magistrates court did indeed accept the payment admittedly grudgingly. There is no supposedly about it.

Firefox
06-12-2013, 15:06
Some of the assertions given in the first post are wrong. Search for drunk in charge of a motorhome on this forum - it's been covered in huge depth before.

Bottom line is, if you have reasonable evidence you have no intention of driving until fit, you will be OK; CPS are not interested.

Georgieporgie
06-12-2013, 15:14
I think, if what Mandrake says is true about drinking in your house and being in charge of your vehicle even when it is parked in your drive then half, if not two thirds of the world must be in this category half of their lifetimes.

just jane
06-12-2013, 15:15
Some of the assertions given in the first post are wrong. Search for drunk in charge of a motorhome on this forum - it's been covered in huge depth before.

Bottom line is, if you have reasonable evidence you have no intention of driving until fit, you will be OK; CPS are not interested.

I think you're probably right, its not a worry Ive ever had when wildcamping, the police sometimes drive past if Im in a carpark but so far they have never approached us just checked us over and driven on.

frontslide
06-12-2013, 15:41
In charge of a vehicle with excess alcohol or while unfit (http://www.drinkdrivinglaw.co.uk/offences/in_charge_of_a_vehicle_with_excess_alcohol.htm)

Philcott
06-12-2013, 15:51
An aquaintance of mine, who uses a wheelchair, was out on the tiles with his mate. He was meandering down the pavement in a very wobbly fashion (the two of them were actually) and a copper stopped him for being drunk in charge of a wheelchair. :lol-053: I don't think it went any further than that - I suspect the copper knew the lads and was having a bit of laugh.

Seannachie
06-12-2013, 15:56
When these sorts of questions crop up, it is always wise to consult the specific legislation.

The relevant statute here is the Road Traffic Act 1988. Section 5(1)) states:


(1)If a person—


(a)drives or attempts to drive a motor vehicle on a road or other public place, or

(b)is in charge of a motor vehicle on a road or other public place,

after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.

Clearly the OP was referring to the situation which could arise under S. 5(1)(b). Therefore, the suggestion that one could be prosecuted for DIC whilst one's vehicle was parked on one's private driveway does not meet the requirements for a charge as that does not constitute being in charge of a vehicle 'on a road or other public place'.

Additionally, if the vehicle is 'on a road or other public place', Section 5(2) ibid., states:


'It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.'


All one has to prove is that 'the circumstances were such that there was no likelihood of his driving the vehicle' whilst over the limit. So, my having those French alco-tester thingies in my van could prove useful over here after all.

:lol-053:

big tom
06-12-2013, 16:47
This has been through the Courts years ago when the police took a lorry driver to court for being over the limit while parked for the night in a lay by.The Judge dismissed the case saying the driver had no intention of driving and was as entitled as anyone else to have a few pints at the end of a days work.Wether he will be over the limit to drive the following morning is a different issue.

bluejet
06-12-2013, 19:00
Hello, husband of blue jet here.
There has and alway will be silly stories about DIC. Depends how much people like to have a pop at the police for whatever reason.
I can only speak from my own experience. I was a copper for 30 years, 20 on the streets working 3 shifts. In all that time I only arrested 1 bloke for DIC. A member of the public called in to say a man was on the front car park of a pub slumped over the steering wheel.
Yours truly was dispatched & sure enough there he was snoring & dribbling over his steering wheel.I felt the bonnet & it was warm,I tapped on the window, he came around & I opened the door to go through the usual "excuse me sir is this your car" etc? I could see the keys in the ignition, upon seeing me his face became a picture of anger & I'm sure if he was'nt absolutely off his chops he would have had a go.
He turned out to be a complete A##hole, even when he sobered up the following morning at the nick.
So, if we don't do any of the above we will be just fine.:have fun::have fun:
Seriously though, as has already been said, they have to prove a likelihood of your intent to drive & if the CPS still operates the same as 4 years ago then they certainly would not be interested, in fact just before I retired it was standard practice for the officer in the case to seek CPS advice before charge. They're all well aware of this so would not bother unless there was some mileage in it, like the unsavoury chap above.
Having said all of that I would not open a can/bottle whilst actually parked on a road or any high profile location. Discretion being the better part of valour and all that jazz. There's no need to advertise is there:beer:

Flyboy
06-12-2013, 20:56
What if you had a flat battery or flat tyre (you could still drive on the rim?) and your engine was running to keep you warm but you had a few pints. Might sound daft but the police can be daft when they want to be like the time i put my keys in the branches of a tree with fishing line when in mid Wales Raynar once and they said i could still retrieve them Told them i cannot see the F???ing van never mind the keys and got arrested for being drunk and disorderly.:mad1:

bluejet
06-12-2013, 22:26
Sounds like the bobby decided to arrest you for something. Passing the attitude test does butter many parsnips:rolleyes:

Tezza33
06-12-2013, 23:09
Sounds like the bobby decided to arrest you for something. Passing the attitude test does butter many parsnips:rolleyes:Be calm and polite even when falling out of the habitation door in a drunken heap, tell them you love them and they remind you of your son/daughter who you haven't seen for a long time, if it works let us know:lol-049:

shawbags
07-12-2013, 12:21
Simple , if you want a drink don't park on a highway ,problem solved.

Seannachie
07-12-2013, 12:54
Simple , if you want a drink don't park on a highway ,problem solved.

It's not THAT simple. The law includes 'a public place', which can include many places other than just 'a highway'.

:)

Pauljenny
07-12-2013, 20:28
Remember the early TV adverts ?

I was a lousey driver and quite a capable drinker !

She was just the opposite !

It's a pleasure to be such a law abiding and upright citizen !

Who's a lucky lad then ?

Brochloon
07-12-2013, 23:02
This is a bit scary. I found out that if u are parked up at side of the road and decide to have a drink in the back you can be done for drunk in charge of a vehicle. It's not Likely the police will act on it but they could if they wanted to. It's important not have the keys on your person. Hide them in a cupboard and also put the steering lock on to show the vehicle is not drivable and that u have no intention of driving it. The real problem would occur if heaven forbid another vehicle crashed into you while parked up asleep or in the back as police would breathalyze everyone!

Why spoil wilding by worrying if you're fit to drive? My opinion, (only) is that you should always be capable of moving if asked to do so. If you fancy a couple of drams then go to a place where you are allowed time to "sober" up before setting off. A good quality breathalyser is a great investment. Loose your licence - loose your motorhome !


CLICK HERE TO REMOVE THESE ADVERTS