Can you be charged with drink driving......

Gloomendoom

waamo wrote: »

I agree perhaps postie was a bad example. If your neighbour or a window cleaner would be better.

Again, they only walk down there because you allow them to.

Ebe_Scrooge

Gloomendoom wrote: »

Again, they only walk down there because you allow them to.

So just who IS allowed to walk down your driveway ? If your house is on fire, and you call the fire brigade, presumably you've "invited" them. Postman ? Well, you've not explicitly invited him, but do you you really want to stop him, probably not. Policeman, when you've not "invited" him ?????? Doorstep salesmen ? Wow, what a grey area ! What are the laws on this ? I believe that "trespass" is a civil, rather than a criminal, offence, does this make a difference ? Interesting discussion.

Gloomendoom

That link I posted earlier gives some insight on the matter.

For example...

Milkmen, Postmen and Police officers are examples of a ‘special class’ of members of the public who are deemed to have the owner’s consent, whether impliedly or expressly, to enter a private road.

Captain_Flack.

Buzby wrote: »

Certainly in Scotland they have to prove 'intent'. For example, I have a Motorhome, and of an evening have enough drink to know I should not drive. As I have a bed, toilet and shower within, it is not sufficient that I have the vehicle keys for 'drunk in charge' to be relevant.

They would have to build an expectation that I actually intended to drive somewhere - and that would be virtually impossible.

But he asked about moving the car so he would be drink driving.

Rover_Driver

Ebe_Scrooge wrote: »

So just who IS allowed to walk down your driveway ? If your house is on fire, and you call the fire brigade, presumably you've "invited" them. Postman ? Well, you've not explicitly invited him, but do you you really want to stop him, probably not.

'Implied right of access' although you may not have actually given authority or invited them, you would have if you knew they wanted to enter.

Hintza

heath480 wrote: »

Sobriety delivers everything Alcohol promised.


Alcohol free since May 23rd 2003..

Hmmm interesting....

skivenov

The police can enter if they suspect a crime is being committed, so I suspect, they'd be clear on those grounds.

I don't personally drink, but. My truck is always unlocked with the key in. Makes you wonder where that would go legally if my housemate went out !!!!ed to fetch something.

Gloomendoom

I don't think that that there is any law that says you have to lock your car, or even have a keyed ignition.

aliasojo

skivenov wrote: »

The police can enter if they suspect a crime is being committed, so I suspect, they'd be clear on those grounds.

Why?

2 glasses of wine could technically put me over the limit but I would still be perfectly able to walk to my car, reverse it 6' and move it over by the same.

I very much doubt anyone could look at that from outside my property and suspect I'd been drinking.

I'm surprised there has been so much discussion on this tbh, I would have thought it was more of a clear cut issue but it would seem not.

Interesting though, thanks for your comments.