Arrested for sitting in car drunk

Car_54

Iceweasel wrote: »

That's very different - a 'living van/vehicle' is not a car.

It's not a car, it's a red herring;). The law applies to mechanically-propelled vehicles, not just cars.

neilmcl

dannyrst wrote: »

How do motorhome owners enjoy a drink whilst on holiday?

The law is all about the intention to drive whilst impaired. Clearly if you're on holiday in a motorhome, parked up on a site then there's very little evidence that you'd be intending to drive the vehicle. Also it's a vehicle used for living in, rather than just driving in, unlike a car.

neilmcl

Iceweasel wrote: »

Same as a truck-driver having a few beers before kipping down in a sleeper-cab.

If the truck is parked up at the roadside, rather than a designated truck stop then there is still a very good chance a driver could be done for being drunk in charge.

AndyMc.....

neilmcl wrote: »

If the truck is parked up at the roadside, rather than a designated truck stop then there is still a very good chance a driver could be done for being drunk in charge.

However having a tachograph fitted to the vehicle would make for an easier defence.

Car_54

AndyMc..... wrote: »

However having a tachograph fitted to the vehicle would make for an easier defence.

How does a tachograph stop a drink-driver?

AndyMc.....

Car_54 wrote: »

How does a tachograph stop a drink-driver?

It doesn't.

Mercdriver

AndyMc..... wrote: »

Are you sure?

You are asking a specialist motoring solicitor if they are sure? What are your qualifications and remember sensible advice is to never take legal advice from a copper.

This has come up more than once on pepipoo. Drunk while unfit through drink has come up with evidential breath test not being required.

Andy_L

Car_54 wrote: »

How does a tachograph stop a drink-driver?

If the driver is at/near their driving hours limit it supports the statutory defence of not planning to drive the vehicle

Mercdriver

Andy_L wrote: »

If the driver is at/near their driving hours limit it supports the statutory defence of not planning to drive the vehicle

That might depend on how perfect their tachographs normally are. They would need to be perfectly in line for a considerable time for this to be convincing.

AndyMc.....

Mercdriver wrote: »

You are asking a specialist motoring solicitor if they are sure? What are your qualifications and remember sensible advice is to never take legal advice from a copper.

This has come up more than once on pepipoo. Drunk while unfit through drink has come up with evidential breath test not being required.

Why risk a trail for drunk in charge without an evidential specimen when being over or refusing to provide is easier to prove?