Anyone know the Answer

greenface

Oh no it gets worse as the keys are on the hook and me & my friend are both in the back of a camper van or big car . As their not in my possesion we both get nicked for being drunk and in charge . I dont think not having the keys to hand will stop the rozzers . & a caravan has to be different (unless the car is still hooked up to the jockey wheel)

Rover_Driver

greenface wrote: »

What is the difference between a camper van/motorhome/truck with a sleeper & the back of my big car with its seats removed.

There is no difference, the legislation refers to 'motor vehicle', it would depend on the circumstances at the time as to proof that you had no liklihood of driving.

Lum

The difference is basically whether a copper who is behind on his targets for this month thinks it's more likely to get a conviction.

I guess also for a campervan it is necessary to exit the vehicle and re-enter through the front doors, wheras in a car you could just climb over the seats, so technically you are in the same area as the driving position, as opposed to being in a separate room.

IMO It's a stupid law as enforcing it encourages drunk people to drive home as a lower risk (of conviction) option, but at least it's one more crime solved for today's statistics driven policing.

ILW

Tilt wrote: »

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.

So if you are asleep in bed and the car is on your drive with the keys by the front door, could you be considered "in charge" of the vehicle?

thenudeone

ILW wrote: »

So if you are asleep in bed and the car is on your drive with the keys by the front door, could you be considered "in charge" of the vehicle?

The vehicle must be in a "public place" for the offence, although the wording doesn't make it clear whether the alleged offender must be as well.

(1)If a person—
(a)drives or attempts to drive a motor vehicle on a road or other public place, or
(b)is in charge of a motor vehicle on a road or other public place,after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.

http://www.legislation.gov.uk/ukpga/1988/52/section/5

So if you are drunk inside, and the vehicle is:
- In your garage - definately no offence. Neither the vehicle nor the alleged offender are in a public place.
-On your drive - probably not, (unless the court considers your driveway a public place)
-On the street - it might still be an offence, but if you are asleep in bed there's a very good case for arguing that there's no way you will be driving it.

In practice - there is no longer any police power of entry for either s5 (over the limit) or the more serious s4 (driving / in charge whilst unfit), so unless you answer the door in person, or the officer is invited in by another occupant (in which case once once the request for a specimen of breath is made you are done for), you are probably safe from conviction.

But, for example, if you've just parked outside friend's house, staggered in to his garden with the car keys in your pocket and start chatting with him in the garden, and a someone reports it, you are probably going to be convicted IMO, because it would be very difficult to persuade the court you weren't going to drive again.

Tilt

ILW wrote: »

So if you are asleep in bed and the car is on your drive with the keys by the front door, could you be considered "in charge" of the vehicle?

Ridiculous question. The OP is asking about being IN the vehicle.

As for the difference in vehicle type, you are less likely to wake up and drive while tucked up in a comfortable bed in a warm motorhome than you are sleeping on the back seat in a freezing cold car.

As i've said before, the onus is on the driver to convince a court (or police) that there was no likelihood of him/her driving while still over the limit.

Irony

seater citreon picasso

You were still drunk in charge of your keyboard.
Alco to buy Citroen in first place.

keith1950

Do you have a drink problem ??

JimmyTheWig

harveybobbles wrote: »

leave the keys behind the bar.

And leave the car unlocked while you (a) take the keys to the bar after unlocking your car and (b) go back to the bar in the morning to get your keys? What would the insurance company say if it got stolen during that time?

How about you leave the battery behind the bar?

Lum

Irony wrote: »

You were still drunk in charge of your keyboard.
Alco to buy Citroen in first place.

If you're going to be pedantic about people's spelling, it's actually Citroën.

Some may prefer to call them Citron.:)