Anyone know the Answer

thenudeone

Rover_Driver wrote: »

It would have to be 'proved beyond reasonable doubt', not 'balance of probabilities'.

Whether someone was drunk/over the limit and in charge would be subject to the normal criminal test of guilt, i.e. "beyond reasonable doubt"

But in order to use the statutory defence,

(2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

the suspect has to prove that defence. It is not necessary for the prosecution to prove anything regarding what was going to happen in the future.

It's difficult enough to prove what someone's intentions were at the time an incident occurred, although courts have to make such judgements every day because many offences rely on the offender's intentions. Obviously, then, it's much more difficult to prove you didn't intend to do something in the future.

greenface

I dont think we have answered this . It needs to be black and white for the law to make judgement. I am in a pub car park slaughtered after 15 pints asleep in the back of my bedford rascal camper van with the keys in my shoe on the floor next to the long seat/ bed. The police knock on my roof to wake me up. !!! or .. I am in a pub car park lashed on 15 pints on the back seat of my SH 1t ron percasso 7 seater keys in my shoe at the foot end of the floor on the long back seat .. Rozzers knock on the roof to wake me (I am asleep) Anyone have a lasting answer

JimmyTheWig

greenface wrote: »

I dont think we have answered this .

It's been answered in as much as to say that there is no definitive answer. It's just a question of whether the court think you are going to drive or not.

Horizon81

If nothing else this thread has given me a good laugh. The OP has a great turn of phrase!

IMHO the whole thing is very moot. Anyone who's been on a campsite will see fields of campers over the limit popping inbetween their tents and their cars to get more booze/bedding/food etc. These areas are no more private than a pub car park as the gates don't get locked till 11pm ish.

greenface

JimmyTheWig wrote: »

It's been answered in as much as to say that there is no definitive answer. It's just a question of whether the court think you are going to drive or not.

Well i thinks we have a problem . Never seen a sign saying dont drink and camp. The polis are fantastic at what they think is their job . My worry is do they know their job . Not too sure ?? will speak to another jam butty man asap .

greenface

Also publicans are breaking the law too for allowing you to stay on their premis sozzled and in charge .

Portly_Pig

greenface wrote: »

Well i thinks we have a problem . Never seen a sign saying dont drink and camp. The polis are fantastic at what they think is their job . My worry is do they know their job . Not too sure ?? will speak to another jam butty man asap .

The simple answer is you're drunk in charge. The defence has been pointed out to you. It would be up to you to put your case forward in interview. You would need to convince them you had no intention of driving whilst over the limit and how you would know when you were no longer of the limit

If your on the first night of a weeks camping trip and could show you were not going to drive at all the next day would be more convincing than a pub car park, saying you'd drive when you felt ok.

Portly_Pig

greenface wrote: »

Also publicans are breaking the law too for allowing you to stay on their premis sozzled and in charge .

They would also be breaking the law if you didn't own a car.

greenface

Rubbish answer IMO . When you get to court you have already been woken , blow bagged , arrested , taken to the cop shop. another blow bag , detained . realeased. Youve been charged with drunk in charge . Do coppers and campers know this ? I didnt know ,isnt a defence . Its my first day of a month holidays but im in a vehicle heavens above . I can pack down in 10 minutes up sticks and leave at anytime . Am i mad ? Am i on my own ? saying their is no definate answer is so wrong ..If any bobby or bobby dazzlers (OH) here . Ask a traffic cop

Portly_Pig

greenface wrote: »

Rubbish answer IMO . When you get to court you have already been woken , blow bagged , arrested , taken to the cop shop. another blow bag , detained . realeased. Youve been charged with drunk in charge . Do coppers and campers know this ? I didnt know ,isnt a defence . Its my first day of a month holidays but im in a vehicle heavens above . I can pack down in 10 minutes up sticks and leave at anytime . Am i mad ? Am i on my own ? saying their is no definate answer is so wrong ..If any bobby or bobby dazzlers (OH) here . Ask a traffic cop

You missed out the interview in that process, so rubbish comeback.