Anyone know the Answer

greenface

If i am lashed and decide to sleep in the back seat of my seven seater citreon picasso with my keys in my pocket i can be charged with drunk & in charge of a motor vehicle. If im in my bedford rascal camper van ?? Any one know the answer.. Lets say pub car park . Not happened but been playing on my silly mind

Hasbeen

greenface wrote: »

If i am lashed and decide to sleep in the back seat of my seven seater citreon picasso with my keys in my pocket i can be charged with drunk & in charge of a motor vehicle. If im in my bedford rascal camper van ?? Any one know the answer.. Lets say pub car park . Not happened but been playing on my silly mind

YES You are in legal charge of Citroen or Bedford? Are you drunk? :T

Lum

The offence is "drunk in charge" not "drunk driving".

I've been told that doing something like locking the keys in the boot may be a way out of it, but I wouldn't want to bet my driving licence on it.

neilmcl

How about this one. What happens if you've had a few sherberts and sleep in a motorhome?

Tilt

Car; definitely yes. In fact you can be done standing at the side of the car if you have the keys in your possession.

Camper van; possibly yes. The police would need to be satisfied that there was no likelyhood of you waking up and driving while still over the limit. You would have a defense due to the fact that the vehicle has 'suitable sleeping facilities' and is adapted as such. Same applies to trucks with sleeper cabs.

Rover_Driver

Tilt wrote: »

Car; definitely yes. In fact you can be done standing at the side of the car if you have the keys in your possession.

Camper van; possibly yes. The police would need to be satisfied that there was no likelyhood of you waking up and driving while still over the limit. You would have a defense due to the fact that the vehicle has 'suitable sleeping facilities' and is adapted as such. Same applies to trucks with sleeper cabs.

It doesn't matter what the vehicle is, if the person can prove that there is no liklihood of them driving, they are not considered to be in charge of the vehicle.

s.4(3) Road Traffic Act 1988

Tilt

Rover_Driver wrote: »

It doesn't matter what the vehicle is, if the person can prove that there is no liklihood of them driving, they are not considered to be in charge of the vehicle.

s.4(3) Road Traffic Act 1988

The chances of you 'proving' there was no likelihood of you driving a car while intoxicated while you are in possession of the keys, is very slim indeed. How exactly going to do it? Drivers have been convicted in such circumstances who have obviously failed.

If however you are in a vehicle adapted for sleeping in (i.e. a motorhome), then you have more of a defence.

greenface

Thanks for your answers but all different . In my first post I established I was in a camper van vs my car both big enough for me to kip in the back . Many times I have slept in a campervan/ motorhome after a good few sherbets without giving thought to it . Even a traffic Bobby argued with himself over this

harveybobbles

You could remove the seats from the Picasso and put a mattress in there - this could demonstrate that you were planning on sleeping in the car until you were sober.

Also, say your wife has the keys or in theory leave the keys behind the bar.

Very grey area.

Best sollution is to get dropped off at said pub, OR just dont drink if your ve-hickle is sat outside lol..

greenface

I have thanked you but we are missing the point . Tilt also mentioned a truck with a sleeper cab . What i am asking is you have had a drink and sleeping it off . We have keys in our possesion and potentialy can drive off anytime. (i suppose we can get out of our beds at home lashed go down the drive and get into our cars too) Grey area agreed but is there an answer ? What is the difference between a camper van/motorhome/truck with a sleeper & the back of my big car with its seats removed.

poppasmurf_bewdley

Do what I do in my caravan. I have a little hook on which I hang the keys when I enter the van. The keys are not 'in my possession'. This is especially true if more than one person is present.