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Unfit To Drive/drunk In Charge Of A Vehicle

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Fat finger and codeine along with low blood pressure, the 5 looked like a 6 lol



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  • Righty oh...note to self Next time you stumble out the pub at half past 9, having had 2 shandies and a glass of wine, and you realise that your house keys are in the glovebox, approach the convenient

  • Doh! Sent from my iPhone using Ford OC mobile app

  • My understanding is that if you are over the limit and just sat behind the wheel even if not attempting to drive you can be charged. Personally I don't drink any more than an odd half pint occasionall

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I wanna go (:

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I wanna go (:

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Head for Union Street and call a Copper a fatherless ladies parts and you may well get your wish :p

Head for Union Street and call a Copper a fatherless ladies parts and you may well get your wish :p

"Clive the dog handler with Willow and Jed told me to call you a ************"

:lol:

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"Clive the dog handler with Willow and Jed told me to call you a ************"

:lol:

They would give you a sneaky kidney dig as they cuff you as well :p

Lol, figure behaving myself might be the best way to go... Bit hypocritical to the scrotes we got rid of it I end up in clink...

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  • 3 weeks later...

Interesting thought on this... At Christmas we're looking to rent a camper... When I get bladdered, stumble back to it keys in hand then am I about to break the law? Technically speaking?.

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Interesting thought on this... At Christmas we're looking to rent a camper... When I get bladdered, stumble back to it keys in hand then am I about to break the law? Technically speaking?.

That's a good question, if that is still classed as drunk in charge then what about people who are on holiday in a camper, or even living in one permanently? Are they not allowed to drink?

  • Author

Interesting thought on this... At Christmas we're looking to rent a camper... When I get bladdered, stumble back to it keys in hand then am I about to break the law? Technically speaking?.

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Clive will be able to clarify further on the police view of such matters and the circumstances of each case will be different. I would say that sleeping in the back of a proper camper may not give rise to reasonable suspicion for police to act upon and furthermore, if you don't park yourself behind the wheel, you would be able to show on the balance of probabilities that there was no likelihood of driving as per the statutory defence.

I've been following the Wild Camping forum (I have a half-hair brained plan to convert a van into a camper, so was looking for inspiration lol)

The consensus appears to be that it's likely going to boil down to common sense. Provided you're not likely to need to move the van, it's generally accepted that you're using it for its accommodation rather than motive power, and you'd likely be okay.

However, as a lot of the Wild Campers don't use campsites, many of them stated they don't carry alcohol in the van when Wilding

It is usually considered that as a car is purely a conveyance it is not deemed a suitable form of accommodation so DIC would apply.

A camper or dormer type vehicle is recognised as a suitable form of accommodation as well as a conveyance so a defence of no intention to move the vehicle whilst unfit fhrough drink or drugs is acceptable.

(So long as you're not in a seat with the keys in play).

The reason I brought this up regarding campers was simply to highlight how sometimes the law is an !Removed!..

Don't get me wrong I see a very very good side to dealing with drunk folk sleeping in their cars. I highlighted previously that a driver may have intentions to drive but thought they better kip for a couple hours then afterwards they'd drive (still greatly over the limit!)...

However the general consensus appears to be that 'keys in hand stumbling across the car park to your vehicle constitutes an offence'... And that it's sort of down to each officer to use their initiative on the matter...

There must be some interesting laws if they take into account recreational vehicles.. To me it leaves a bit of a loophole: I have an estate, what if I put a blow up mattress in the back, make a proper bed and have a plug in kettle and a bowl of cereal at arms reach, does that constitute camping? Therefore getting drunk and climbing in is me returning to my temporary home... :/

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Simple answer. If you want to sleep in your car pizzled as a !Removed!, open the car, put the keys in the boot get in the car and lock the doors.

That way you can't just be tempted to chuck the keys in and the defence is that you attempted to show entirely no intention of driving the vehicle as you entered it without keys...

Lol, the boot in an estate IS the car :lol: ....

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Lol, the boot in an estate IS the car :lol: ....

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:lol::lol:

The simple answer is leave the car at home

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Or just look longingly at the booze and stick to softies lol

(My preferred method)

Yeah that's true. Although I like to consider the idea someone spiked my Colebrooke lots of vodka.... You never know what these bar maids will do for a tip married or otherwise lol. It's always good to have a backup plan just in case...

With regard to the case of an intoxicated passenger being left inside a car with the keys being a possible offence, would the same apply even if the passenger did not possess a drivers licence?

It's just a thought that popped into my mind as to my knowledge if you don't have a drivers licence it would be assumed that you would have no intention of driving anyway, unless you were in the drivers seat - which would be another case all together... Could a person without a drivers licence be in the drivers seat of a vehicle legally even if they had no intention of driving (intoxicated or not)?

Not strictly true. A responsible adult can be left in possession of a vehicle unlicensed, as long as they make no attempt to be in control of the vehicle. For example, if I give my wife the keys to the car so she can let the kids in, she sits in the passenger seat holding my keys, then as long as she makes no effort to put the keys in the ignition or sit in the driver seat that would be legal as she is a responsible adult (I go by responsible as of adult age (she's 25 I would say 21 should be minimum), with no convictions, and of sound mind.

Well, did the responsible thing... Drank too much and crash landed into our pre made camper bed :lol:

...keys in pocket!

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  • Author

With regard to the case of an intoxicated passenger being left inside a car with the keys being a possible offence, would the same apply even if the passenger did not possess a drivers licence?

It's just a thought that popped into my mind as to my knowledge if you don't have a drivers licence it would be assumed that you would have no intention of driving anyway, unless you were in the drivers seat - which would be another case all together... Could a person without a drivers licence be in the drivers seat of a vehicle legally even if they had no intention of driving (intoxicated or not)?

As far as I know, any person without a licence can sit behind the wheel of a car, they just cannot drive it legally.

A passenger over the limit in a car with the keys could be (circumstances depending of course) an offence. The offence is not about a driver being in charge of the vehicle, its about a person full stop.

Whether they intend to drive or not is irrelevant. Are they in charge? Yes. Are they over the limit? Yes. Then they are guilty unless the statutory defence can be proved. That is when they would argue no likelihood of driving and provide evidence to that effect.

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