Has anyone any idea on what the actual legal slant on this is …
A few nights ago, I ended up parked up at a MSA for 16 hours, when I paid my parking in WHSmiths, I saw they sold beer, so I bought 4 tinnies to go with the ginsters pastie I bought for my tea.
Now 4 tinnies would take me over the DD limit, but 16 hours later I would be fine, so how legally would we stand in this situation. I’ve had 4 beers, and I have the vehicle keys in my possession, but if I was sleeping in the Travelodge a few yards away I would be in the same situation but just in a different bed.
Anyone know how we stand in this situation ■■? (Obviously the ideal scenario would be not to drink at all, but in the real world we all enjoy the occasional refreshing snifter after a long long day)
The key word may be INTENTION. You can be drunk at home on your weekend and have a set of car keys in your pocket which is still technically drunk in charge. The question is whether you intend to drive whilst over the limit and that should be easy to defend against since the law says you cant drive and you know precisely when you will be required to drive
There are loads of threads of this ilk on here and the someone comes on saying that you can be done for drunk in charge even without the vehicle keys on you but they never say how.
As long as you’re below the limit when you start the lorry and move off I can’t see a problem.
If old bill were to wake you up on the off chance you’d had a few I’d be surprised no I’d be ■■■■■■■ amazed
Remember the case where the woman got thrown into a cell by a Wilts police officer, and he was reported for assault?
IIRC she was drunk, but sleeping in her car. She had refused to take a breath test because she knew she was drunk and had no intention of driving, but thought she’d be safe in her car ‘sleeping it off’ ?
You would have to seek legal advice as to whether the fact that you were out of hours and your tacho was set to rest would be sufficient evidence to prove you were not intending to drive…BUT…with the keys to the vehicle you could be judged to be ‘in charge’ of the vehicle, and being ‘drunk in charge’ is also an offence although less serious than drunk driving (you can be drunk in charge of a push bike or horse-drawn vehicle). I’m not sure how they would prove you were ‘drunk’: I think they’d have to perform some kind of impairment test on you: a breath test indicates your blood alcohol level and not your level of intoxication.
The police would have to prove an intention to drive. The offence is “Drunk in Charge”
You can be hauled before the courts for being Drunk in Charge of a motor vehicle, a horse, a bicycle or a sheep
Having the keys in the ignition to open the windows is not an intention to drive. I would more likely be prosecuted for sat in a public place in my underpants
Wasn’t there a massive case years ago. Plod were trying to boost the funds for the xmas ■■■■ up or whatever, so decided to do every truck driver at a certain truck stop.
The case got thrown out because the key let you into the truck which was where your bed was.
I think if they’d done 1 or 2, they’d have got away with it, but I think it was about 20 or so??
I think the defense was the same as someone who has a camper van??
I wouldn’t like to get breathalised if I had to run the engine after say using the microwave though…
I’m not holier than thou, but 4’s a few too many though isn’t it?? Not for the alcohol level, more for the needing a ■■■■ every 20 mins
espresso:
Has anyone any idea on what the actual legal slant on this is …
A few nights ago, I ended up parked up at a MSA for 16 hours, when I paid my parking in WHSmiths, I saw they sold beer, so I bought 4 tinnies to go with the ginsters pastie I bought for my tea.
Now 4 tinnies would take me over the DD limit, but 16 hours later I would be fine, so how legally would we stand in this situation. I’ve had 4 beers, and I have the vehicle keys in my possession, but if I was sleeping in the Travelodge a few yards away I would be in the same situation but just in a different bed.
Anyone know how we stand in this situation ■■? (Obviously the ideal scenario would be not to drink at all, but in the real world we all enjoy the occasional refreshing snifter after a long long day)
It is a grey area; however if you wish to take the chance I would have thought that you pulling your card, paying for parking would all stand in your favour. The police would have to prove an intent to drive…I think being in charge of the truck while on rest in your boxers in a MSA would be difficult for any jury to convict upon. Besides, you are on private property until you enter any public road.
I often have the odd drink of an evening. Never had a problem yet. Just be sensible, if you got blind drunk then started staggering round the truckpark shouting then the police may arrived. Otherwise just having some drinks in your cab quietly hurts no one.
During my time in the police I arrested many people for being drunk in charge including on one occasion an hgv driver. Now arresting someone for it is easy to do. Being convicted of it at court is a whole different matter. It’s hard to prove someone is going to drive. And as has been said above, the fact you’re parked up, paid for parking, on a break etc should all avoid any issue.
GasGas:
I’m not sure how they would prove you were ‘drunk’: I think they’d have to perform some kind of impairment test on you: a breath test indicates your blood alcohol level and not your level of intoxication.
A police officer can give a professional opinion as whether someone is drunk and it will stand up in court as evidence
Thunderbird:
espresso:
Has anyone any idea on what the actual legal slant on this is …
A few nights ago, I ended up parked up at a MSA for 16 hours, when I paid my parking in WHSmiths, I saw they sold beer, so I bought 4 tinnies to go with the ginsters pastie I bought for my tea.
Now 4 tinnies would take me over the DD limit, but 16 hours later I would be fine, so how legally would we stand in this situation. I’ve had 4 beers, and I have the vehicle keys in my possession, but if I was sleeping in the Travelodge a few yards away I would be in the same situation but just in a different bed.
Anyone know how we stand in this situation ■■? (Obviously the ideal scenario would be not to drink at all, but in the real world we all enjoy the occasional refreshing snifter after a long long day)
you are on private property until you enter any public road.
Drink drive laws apply to a road or place to which the public have access.
A road is defined as ‘a road or something that appears to be a road’ (if it has white lines or road signs of some description, or the consensus is that those using it are driving as they would on a road (keeping left, giving way at junctions etc) ) - to which an MSA, supermarket car park etc. would qualify.
A private road is one where there is a barrier/gates but they can be open or closed in regards to driving laws - that’s how it was explained to me by more than one traffic cop
ROG:
A private road is one where there is a barrier/gates but they can be open or closed in regards to driving laws - that’s how it was explained to me by more than one traffic cop
Doesn’t always need a gate or barrier.
An ungated farmers field is private property and the farmer can drive around it absolutely bladdered without breaking any laws, but if the same field is used for a car boot sale on a Sunday, it then becomes a place to which the public have access, and therefore drink drive rules apply at those times.
While I accept its impossible,Id love to know the figures of these lorry men arrested for drunk in charge etc.
Were they sitting behind the wheel,or in the passenger seat,or in the cot?
Sitting behind the wheel with the engine running?
As has been touched on here,we all(except the tea totallers),are drunk in charge,whether its at home,in the campervan,in the pub with the house and car keys in our pocket. I just dont see plod lifting anyone unless theyre fairly sure theres intent,that`s all.
Pull the red airline before you open the tinnie, it’ll add credence to your claim you have no intent on driving should some over zealous copper try and run with a D.I.C charge.
Or just keep your curtains closed and refuse to answer the door. Always assuming the police are on a fishing trip that is and not acting on information received. After all there isn’t a law requiring you to be with your parked vehicle is there?
