Being drunk and sleeping in a motorhome?!

[Lugy]

Picture the scene, I have (well I don't) a camper van, I park it up on a quiet side street where I'm allowed to be. Now I go out to the pub and have a few drinks. Afterwards, instead of going home I go back to said van. Where do I stand with the law?

 

[renault12ts]

We motorhome every year. Get drunk, go to bed. Never give it a thought. Don't go near the driving seat.

 

[Mudster]

Drunk in charge of a vehicle, I've had a friend lose their licence in this manner, asleep in the back of an estate car.

Because the keys were on their person they are in charge of the vehicle, I was disgusted by the police's handling of this.

The guy purposely didn't drive because He'd had a drink.

I guess in the case of a motorhome/campervan, the place it's parked might be a determining factor rather than the vehicle itself. On the highway might be asking for problems, in a recognised camping area it's less obvious.

 

[Gridlock]

But on the face of it, either renault12ts is guilty and getting away with it or Mudster's friend is innocent and convicted.. Interesting question.

 

[Lugy]

I guess the same would apply to lorry drivers

 

[renault12ts]

The problem lies in the difference between the Law and justice. The Law said Muddy's friend was wrong, but was the attitude of the police (and court) just.

A friend (in the Met at the time) suggested that having your car keys on you whilst drunk in a bar could mean that you would be liable since you were in charge of a vehicle , even though you were nowhere near it.

It is possible to stop at the side of a road in a layby for the night.

 

[Gridlock]

If I had to sleep in my car, drunk, I think I heard something along the lines of not having the keys on your person? So maybe if they're in your pocket you're in trouble, but in the glove box? That's the perception of the law I've picked up somewhere.

 

[renault12ts]

Interesting conversation UI found:

PoliceSpecials.com Forum > Drink Driving but not actually driving

 

[Lugy]

But, what is control? If you let the hand brake off and use the steering wheel then even if the keys aren't anywhere near you, you are controlling that vehicle.

 

[Colin_b]

Picture the scene, I have (well I don't) a camper van, I park it up on a quiet side street where I'm allowed to be. Now I go out to the pub and have a few drinks. Afterwards, instead of going home I go back to said van. Where do I stand with the law?

You would think it was common sense, but sadly it isn't, sometimes. It can be classed as being in charge of a vehicle, so done if you get a pedantic policeman.

Put the keys somewhere where mr plod can't find them, but you can and risk eliminated.

 

[Gridlock]

Interesting conversation UI found:

PoliceSpecials.com Forum > Drink Driving but not actually driving

Interesting forum

This is the relevant bit:

a person shall be deemed not to have been in charge of a motor vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.

So, prove no likelihood of driving and you're set. Good luck with that.

A (presumably PC) opinion:

if I am satisfied that no intention to drive probably exercise discretion, words of advice, tell Mr Bloggs to give keys to Mrs Bloggs, lock them away in a cupboard etc. etc. then move on to a different job. If I am not satisfied then arrest, EBM procedure & interview when sober about the intentions.

(....)

I will say Bloggs is on very dodgy ground & in answer to your first post [about a motor home owner parked up and with the seat facing away from the wheel] the law is quite clear. An officer would be quite within his / her rights to arrest.

 

[renault12ts]

Yes. If attired in pyjamas at the time. Or in bed

 

[Gridlock]

In my head, "Officer, I know I'm drunk and I know I will not drive when drunk" is 'proof' enough at the roadside, but I guess that's wishful thinking.

Pajamas work in a motorhome, but how best to demonstrate this in eg an estate car? Curl up in the back with your battery and HT leads?

 

[Lugy]

Just be asleep with ear plugs and eye covering thingy!

 

[Lugy]

Of course, if your camper was good enough, no one would know you were inside.

I'm really liking the idea of getting a VW Transporter and pimping it into a camper

 

[Noodle-Pulp]

I had a friend some years ago who got 3 points for sleeping in his car in a public car park while under the influence...

 

[renault12ts]

Of course, if your camper was good enough, no one would know you were inside.

I'm really liking the idea of getting a VW Transporter and pimping it into a camper

Like this:

 

[Sp!ke]

If you have the keys you are therefore in control of the vehicle and will run the risk of being nicked.

I know someone who went to a party, got drunk and then at the end of the night climbed into his sleeping bag in the boot of an estate car, only to be woken up by the police some hours later for being drunk in charge.

 

[andy_k]

if you have a camper, leave the ignition key hidden somewhere and use the side door key.

By not having the ignition key, you can easily demonstrate that you had no intention of driving.

 

[GRAV888]

As with lorries, the difference between a camper van and a car is a fitted bed.
I know a caravan is 'an extension of your home' and as such, needs a warrant to be searched. Not sure about camper vans. I have been plastered many times in my old winnebago and never been questioned.