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Thread: MH owners who enjoy a glass of wine when parked?

  1. #31

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    Quote Originally Posted by yorkslass View Post
    Stop being pedantic.

    As we don't live there, I think Trev's perspective on the place he lives is useful for anyone planning to travel there.

    Andrew I never noticed the BBQ in the way, though I have been known to wander around with my eyes shut.
    So you are walking down the street and your car is in a different street the police then arrest you for being drunk in charge of your car ?
    Where is this , North Korea ?

  2. #32

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    I often drive to the pub and leave the car there overnight, but when I leave the pub I have my car keys on me as they are on a key ring with my house keys.

    I've never worried about doing this. I am sure the landlord would vouch that I have asked permission to leave the car overnight.
    God bless Colonel Sanders. Marvellous man!
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  3. #33

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    As I've posted before when this has cropped up... a lot of it comes down to common sense...
    Sat behind the wheel drunk is very different to being Sat in the a motorhome/campervan up on ramps with blinds in place on ramps etc....

    Just found this interesting artical: Alcohol and sleeping in your motorhome

    We ask Philip Somarakis, an expert motoring lawyer with Davenport Lyons, what the legal implications are of parking into a pub car park, having a few alcoholic drinks and then getting back into your motorhome to sleep it off.

    Driving one’s “home” to the public house is a pretty good idea to avoid drinking and driving as you now have a pub on your doorstep. Motorhome owners should however be cautious about the risks of being "drunk in charge" of a motorhome if they are staying overnight in the car park.

    If you are drunk “in charge” of your motorhome on a road or “public place” you can be arrested by the police and could lose your licence if convicted. This article looks at whether a parking area for motorhomes next to a pub amounts to a “public place” and also what being “in charge” of a motorhome means. We also focus on the scenario where you have evening dinner and drinks.

    Pub car parks and opening hours
    A pub car park is a “public place” during opening times because there is an implied invitation to the public to drive in and park up to use the pub. The position may change after the pub has closed. In a 1974 court case a person was found not guilty because the prosecution had failed to prove that the invitation to the public to use the car park next to the pub extended one hour after closing time (the time when the police had come to the car park and found the person at the wheel). However, each case is different; for example a pub adjacent to a Premier Inn with 24-hour reception facilities could mean the car park may be viewed as remaining a public place at all times.

    Segregated parking during opening hours
    Even where there is apparent segregation, by some control system designed to separate motorhome drivers from other patrons, a reserved parking area may still be regarded as a public place. The law is not clear, but it would appear that at least during the day when the pub is open, imposing a control system which only allows motorhome owners into a segregated area would not necessarily prevent that area from being a public place – because such owners would still be regarded as “the public”.
    Conversely, if that area was limited to motorhome owners from a defined association, there were barriers/notices and a control system clearly in place then it would be more likely to be regarded as a private place. However a parking place saying “reserved” on it would not do.
    Where the law is clear is that if there was a blanket restriction on anyone turning up after the pub has closed and parking up, it is obvious that at that time of night the car park would ordinarily be regarded as private and not a public place.

    Drunk in charge of a motorhome
    There is no definitive answer to what amounts to being "in charge." If you are the owner or in possession of the vehicle or have recently driven it you will be “in charge”, unless you have put the vehicle in the charge of someone else.
    Control over the keys is a good indication of being in charge but is not conclusive.
    However that does not mean that an owner is continuously in charge because, in some cases, control of the vehicle has clearly ceased.
    The courts accept that an owner is not in control where he was a great distance from the vehicle and there was no realistic possibility of his resuming actual control whilst unfit/over the limit.
    Whilst that may suggest that when in the pub “control” by the owner has ceased, the courts may see it differently because of the intention to return to the vehicle at the end of the evening.


    Will the police bother you?
    Anyone charged with “drunk in charge” of a motorhome has a defence in law. They have to prove that there was “no likelihood of them driving whilst over the prescribed limit”. This can be a complicated process and involves an assessment of what your alcohol levels would be at the time you did intend to drive. Normally this involves having to use a forensic expert to calculate alcohol levels
    Here’s an example. You’ve had a couple of pints and shared a bottle of wine with your wife. It’s 11pm and the pub closes in 20 minutes. You are both tired. You suspect you are both over the limit but you don’t have to worry because you are not going anywhere and are not setting off until the morning and after breakfast. As you leave the pub, you see parked up next to your motorhome, a police car. After all, pub car parks are obvious targets by the police for suspected drink drivers.
    What do you do? Wait for them to leave or for the pub to close so the car park is no longer a “public place” perhaps? Or stride forth? You might arouse suspicion if they catch you doing a U turn and going back into the pub. If you stride forth yes they may get out and speak to you but one would expect most police officers to take a sensible view here. You are not going to drive off. You are not going to sit in the driver’s seat and fiddle with the controls. If they do ask you what you are doing you will tell them that you are retiring to bed.
    All the police want to do is to ensure that drink drivers are apprehended. However, if you have had a lot of alcohol, are clearly drunk and are intending to drive the following morning, you are placing yourself at greater risk here. You will be more of a concern to them, either that they think you are about to drive over the limit, or after your explanation, that you intend to the morning after when alcohol will still be in your system.
    The police do charge people with being drunk in charge but normally these tend to be people found slumped behind the wheel of a car in the street outside a house (usually a result of a domestic dispute). Clearly they arouse suspicion and as sleeping in a car is not particularly comfortable, will increase the likelihood of that person driving off (whilst over the limit).
    If you drive to a pub with the intention of parking up and drinking, where the land in question is not truly “private” and where you know eventually you will be driving back at some point, you need to bear in mind that the police will assume you remain in control of that vehicle and to them, could drive it at any point.
    So consider where you are parking up, whether you might under any circumstances have to move the vehicle and bear in mind it is not uncommon for police to occasionally stop outside pubs. Have a thought to how much you are drinking particularly if you do intend to drive the following day.

    Before you start drinking alcohol, you must:
    • Make sure your motorhome is already parked up for the night. Do not take the risk of having to move it later to the right place, even if it's just a short distance within the car park or into an adjacent field
    • Ensure your motorhome is not causing an obstruction. You should always consider whether you might be asked to move it later so
    • Have some evidence if possible of the duration of your stay, so that you could prove your intention to sleep overnight in the car park

    After you've had a drink of alcohol, you must:
    • Never start up the engine in your motorhome
    • Never place the key in the ignition
    • Never sit behind the steering wheel or in the driver’s seat if it is facing forwards
    Any or all of the above could be taken as indicators that you may be contemplating driving the motorhome and are more likely to attract attention from the police.
    And always remember that if you've had a lot of alcohol to drink, you may still be over the legal limit the following morning.

    The police’s view
    A spokesman for the Association of Chief Police Officers (ACPO) said:
    “Regardless of whether you are a driver of a campervan or any other kind of vehicle, the rules of Highway Code and the laws around drink driving remain the same.
    “Drivers should not attempt to move any vehicle under the influence of alcohol or drugs and should always ensure they are parked in a safe and secure location.
    “If a person is in charge of a motor vehicle on a road or other public place after consuming excess alcohol then that person is guilty of an offence unless they can prove at the time of the alleged offence the circumstances were such that there was no likelihood of their driving the vehicle.
    “The advice from the police is clear. Do not drink and drive or put yourself or anyone else at risk.”

    More information
    The rules related to being in charge of a vehicle and alcohol are covered by The Road Traffic Act 1988. You can view it here Road Traffic Act 1988
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  4. #34

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    Drinking in motorhome

    Quote Originally Posted by Torchy View Post
    Is she busy next week Rob?
    A few years ago gent parked up in services at end of M4 paid to stay night had a glass or two of medication??? PC knocked his door failed breath test got find lost his license had to go to high court to get fine ban kicked out

  5. #35

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    Some years ago the Police tried to prosecute a truck driver who was parked up in a lay-by for the night he was breathalysed and found to be over the limit, the case went to court and the Judge ruled, as the driver had finished his days work he was entitled to have a drink of beer as much as anyone else, he had no intention of driving as he could not do so legally as he was out of driving hours. The case was dismissed.

    Has anyone on here while being parked up for the night and had a few glasses of wine with their meal then settled down to watch TV had the Police knocking at the door with a breatherliser , this thread is a bit like the gassing issue, scaremongering. Personally over many years of driving for a living I have never had any problem at all, whilst travelling with the motor home I always have a few before going to bed.
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  6. #36

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    Quote Originally Posted by big tom View Post
    Some years ago the Police tried to prosecute a truck driver who was parked up in a lay-by for the night he was breathalysed and found to be over the limit, the case went to court and the Judge ruled, as the driver had finished his days work he was entitled to have a drink of beer as much as anyone else, he had no intention of driving as he could not do so legally as he was out of driving hours. The case was dismissed.

    Has anyone on here while being parked up for the night and had a few glasses of wine with their meal then settled down to watch TV had the Police knocking at the door with a breatherliser , this thread is a bit like the gassing issue, scaremongering. Personally over many years of driving for a living I have never had any problem at all, whilst travelling with the motor home I always have a few before going to bed.
    You answer his defence in your comments.lol ...if he is on tach0 11 hours normally between shifts ? nine hours ? A truck cab is a self contained environment eberspacher heaters etc ...stupid prosecution to start off with.

    Whilst he may have been OPL you are missing the legal point and that is Intent ...Was there intent to drive ....it really is no more complicated than that

    Channa

  7. #37

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    You say (Was there intent to drive ) I said in my post (he had no intention of driving) don't know what you mean.

  8. #38

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    Quote Originally Posted by chairman View Post
    A few years ago gent parked up in services at end of M4 paid to stay night had a glass or two of medication??? PC knocked his door failed breath test got find lost his license had to go to high court to get fine ban kicked out
    Have you got a link ?

  9. #39

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    D.I.C.=W.O.T (Waste of time}

    Dont waste your time worrying about it. The Police know its a waste of time to ever arrest anyone for DIC because the CPS will never charge anyone with it now days.
    I only ever tried it once.
    Local pisshead criminal rammed his car into embankment in country lane and fell asleep. Reported by passing taxi driver.
    I got to him and engine was still running, heater full on, had a job waking him up and he fell out of car when he did.
    Arrested for DIC because no one saw him drive. (so you cannot breathylise which knocks back some of the previous stories on here)
    Interviewed when sober, he stated that he had not been drunk when he drove into the embankment, he walked home, got drunk at home, realised he left his wallet in the car, walked back, STARTED THE CAR UP TO GET WARM BEFORE HE WALKED BACK HOME BUT HAD NO INTENTION OF DRIVING HOME THEN FELL ASLEEP. Then I turned up.
    The CPS decided insufficient evidence to charge DIC.
    Forget your concerns, its never going to happen. Just make sure you are sober before you next drive.
    When the Police have the time to deal with drink drivers they just catch them driving. Its cut and dried then.
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  10. #40

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    Quote Originally Posted by trevskoda View Post
    Co down bangor is in GB ,and yes it was a car,motor homes are classed as a car by police as theres a engine pulling or pushing it,makes no dif if its fitted with beds or not,simple way just hand keys over to second party and problem goes away,better still give up the booze.
    I'd rather not if you don't mind.

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