Drunk in charge
Discussion
Well, specifically how to avoid it!
We’ve just hired a motor home to use for a week to see family and do a bit of exploring. I’m planning to drop in on my brother for a BBQ and a few beers, he won’t have space to accommodate us so I plan to sleep in the camper overnight afterwards. He lives in a quiet cul-de-sac and there’s a lay-by outside his house we could park in. So assuming some miserable sod objects and calls the police, what’s the likely outcome if the wife and I are asleep but over the limit booze wise?
I’d plan to leave the keys in my brother’s house, make up the beds etc so it’s clear we have no intention of moving it but would like to know the legal risks involved.
Thanks.
We’ve just hired a motor home to use for a week to see family and do a bit of exploring. I’m planning to drop in on my brother for a BBQ and a few beers, he won’t have space to accommodate us so I plan to sleep in the camper overnight afterwards. He lives in a quiet cul-de-sac and there’s a lay-by outside his house we could park in. So assuming some miserable sod objects and calls the police, what’s the likely outcome if the wife and I are asleep but over the limit booze wise?
I’d plan to leave the keys in my brother’s house, make up the beds etc so it’s clear we have no intention of moving it but would like to know the legal risks involved.
Thanks.
There’ll be no issue in a motor home with the keys stashed in a cupboard if your pyjama’d up, beds out etc, even if some miserable so and so does call the police and they actually attend such a call, so long as you’re polite and decent to the officers who attend.
If the keys are actually locked in your brother’s house overnight, there’s no offences full stop, so that’s the safest option if you’re that way inclined.
If the keys are actually locked in your brother’s house overnight, there’s no offences full stop, so that’s the safest option if you’re that way inclined.
timbob said:
There’ll be no issue in a motor home with the keys stashed in a cupboard if your pyjama’d up, beds out etc, even if some miserable so and so does call the police and they actually attend such a call, so long as you’re polite and decent to the officers who attend.
If the keys are actually locked in your brother’s house overnight, there’s no offences full stop, so that’s the safest option if you’re that way inclined.
Great, thank you. If the keys are actually locked in your brother’s house overnight, there’s no offences full stop, so that’s the safest option if you’re that way inclined.
My wife worries about this sort of thing, particularly when wild camping. However road traffic regulations still apply to certain types of private roads such as car parks or anywhere there is public vehicular access. It's not inconceivable that the offence would still be valid even on a campsite, if an Officer saw fit.
Depending on how your brother gets on with his neighbours, is it not worth him mentioning it to them prior to your arrival so that they have no recourse to call the Police?
Also, when you arrive at your brothers gaff and before you go to the BBQ, pull al the blinds in the MoHo so that when you retire (quietly) for the night, there wont be much external evidence of your occupation.
Also, when you arrive at your brothers gaff and before you go to the BBQ, pull al the blinds in the MoHo so that when you retire (quietly) for the night, there wont be much external evidence of your occupation.
21st Century Man said:
My wife worries about this sort of thing, particularly when wild camping. However road traffic regulations still apply to certain types of private roads such as car parks or anywhere there is public vehicular access. It's not inconceivable that the offence would still be valid even on a campsite, if an Officer saw fit.
Unless you're being a bell it won't be. We leave our keys on a hook by the bed, nowhere near the cab or the ignition, that's good enough. It's also good enough for the police, as I specifically asked a plod about this years ago - she said not to worry unless you were causing a nuisance, then they might step in.
Taita said:
I don't know how much is backed up with actual cases making it to court where it has been a problem though....
''As with many motoring offences, the law is not clear cut. Every case is different and motorists need not accept the charge without challenge. Factors such as presence of car keys and the engine running all play a part in a case such as this. Therefore, the real key to defending a charge of being drunk in charge of a vehicle is centred upon the intention to drive. If you can prove that despite being over the prescribed alcohol limit you had no intention of driving, then you stand a very good chance of defending the charge and avoiding prosecution.''
https://www.pdalaw.co.uk/services-for-you/road-tra...
Edited by anonymous-user on Monday 29th March 07:52
Drunk in charge usually caters for the someone who's got into his car and they are so drunk they've fallen asleep slumped over the steering wheel etc, Or got into the car but not driven off. Keys in the ignition would be a good indicator of being in charge of the vehicle, but not vital.
I once slept in my car in a pub car park following an Xmas party. I left the keys behind the bar to collect the following morning.
I once slept in my car in a pub car park following an Xmas party. I left the keys behind the bar to collect the following morning.
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