Drink drive legislation

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Old Sapper
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Drink drive legislation

Post by Old Sapper »

Right..what is the law surrounding having a beer after a park up.
We parked in Tintagel car park (King Arthur's Arms) pay and display overnight last weekend. Double airbed in the back, keys hung up in the back of the van as well. Obviously no intention of driving.

However, if the Old Bill did tap on the window and got you out, could you be classed as Drunk in charge even if it is blatantly obvious that you are sleeping in the back?

( Before anyone asks, no I haven't been nicked. It's just a thought that occurred on the drive home.)
mac12
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Re: Drink drive legislation

Post by mac12 »

I had a look at norwegian laws. There's no law preventing you from sitting drunk in the drivers seat, as long as you don't make the car move in any way. However, police may have a closer look at your intent, and might make up an opinion whether your drunk ass is going to drive the car or not. Is the car running? Key in the ignition? You aren't technically driving, but you'll have a hard time convincing the police you're not going to (based on how inebriated you are of course) and they might decide to have a chat with you.

In your scenario, I'd say any reasonable copper would understand. Keys stored elsewhere, no issues with sleeping in the car.
PJD
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Re: Drink drive legislation

Post by PJD »

Head over to the many campervan forums as this is a common question.

I would think though that private car park not an issue. Road side layby probably is an issue.

But we all know the police can choose to see a situation for what it is or be bloody minded and find an excuse to nick you.
Steve1262
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Re: Drink drive legislation

Post by Steve1262 »

Shaun, who has a YouTube channel called "Love Sundays", touched on this subject and his advice was that if you are stealth camping or in an obvious motorhome and are parked somewhere that you could be asked to move on, ie a pay and display or a roadside layby, you should refrain from alcohol as you would have your keys in your possession and would therefore be in charge of a motor vehicle whilst under the influence of alcohol. Having the keys in a drawer in your van doesn't cut it these days.
Also be careful about what you might think is "Private Land", supermarket carparks are private land but they are areas where the public have reasonable access and so traffic laws still apply, I got bollocked by a bobby for driving across Tesco's without my seatbelt on as I was heading for the onsite petrol station.

Now to finish off, and don't take this as gospel as it's second hand knowledge, a friend of mine heard of someone being prosecuted for having their car keys on them whilst under the influence while their car was at home and they were on the lash in town, he only had them because his house key was on the same bunch. Seems a bit over zealous on the part of the police so it may be untrue but who knows with the CPS ?
myounus
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Re: Drink drive legislation

Post by myounus »

There’s a YouTube channel called blackbeltbarrister.
Post your question there
Steve1262
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Re: Drink drive legislation

Post by Steve1262 »

myounus wrote: Fri Dec 13, 2024 12:20 am There’s a YouTube channel called blackbeltbarrister.
Post your question there
Yes, good call, and I do believe he did a video about this very subject. UPDATE..... https://youtu.be/ad96uXmUHkA?si=1fPocm7TlKkMlR75
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