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Drinking and sleeping

3K views 14 replies 10 participants last post by  the Green Geko 
#1 ·
The law states something like you must not be in charge of a vehicle whilst over the drink drive limit.

So my question: What constitutes - being in charge? Could that mean sleeping or sitting in the back of the van sloshed?

Or is it sitting in the driver seat with the key in the ignition? I know you don't have to be driving.
 
#2 ·
If its a car i think they would have you although my mate sleeps in the back of his estate and has had a few run ins, what he does is put his keys int he glove box and is clearly int he back in his sleeping bag.

As for a van i would say it is similar, but id its a camper or dayvan with rock and roll bed you'll be fine.

also don't stay in places you'll get pulled T:
 
#5 ·
also don't stay in places you'll get pulled T:
You see that's my concern, I like to camp wild, in fact I've not used a camp site yet. Nearly did once in a place called Ivy leaf Nr Bude, but found a perfect spot very close to the campsite so saved myself £10. But I digress, you see sometimes when wild camping you are often contravening the byelaws that say no over night sleeping. So, the rozzers are on patrol enforcing the law and knock on your van asking you to move but you cant as you've been drinking .....that's were it could get interesting because you were in charge of that vehicle and as your still in it your still in charge but now your drunk!!

Discuss
 
#4 ·
Being "drunk and in charge" simply states that it is an offence to be drunk whilst having immediate access to drivng the vehicle, ie the keys are in the van or in the immeidate vacinity. As per the law, any one of us could be arrested in our vans / cars if drunk. Having sleeping quarters and parked up with no clear intention of driving is simlply a defence in law.

Worst case scenario is you get lifted, Give your account on interview.... 99 times out of 100 when this is put to CPS prior to charge the outcome would be no evidence to proceed and refuse charged... on your way basically.

Realistically, If you are obviously staying over for the night you are very unlikely to get nicked in the first place. Once you speak to the feds they should be convinced that there is no risk of anyone drivng whilst drunk.

Being on both sides of this of this one... it a grey area minefiled!
 
#6 ·
Hi Everyone. I wild camp a lot and this subject is sometimes on my mind. When I'm with my local walking group, they stay in B+B's and I sleep in my van. I normaly meet them in the evening for a meal and drinks, then return to my van for the night to sleep. My van will normaly be parked up in some town centre and I wander about drink driving. I have never had any problems doing this for the last 7 years. A few things I do just in case their is any problems is I carry a blank key to open the door, but this will not start the van. Also I make sure the bed is made and the curtains are drawn, before I go out for the night, making clear my intention to sleep the night. I'm not sure if it makes any diffrence but I alway's try to park of the road, i.e council car parks ect'. At least I'm then not parked on the public highway.

Anyway I may have just being lucky over the many nights wild camping that I have enjoyed over the last 7 years. :)

John.
 
#7 ·
as you can be asked to move on be police unless on private property with owners consent the only way to avoid the situation seems to be to not drink if your driving and wild camping.
camp discretely and accept that you can be asked to move on and should be in a fit state to do so.
 
#9 ·
As Van Quish states:- there is another thread on this. It's Title is Can I get done for DD

I have cut and pasted my reply to that thread here aswell.

You might like to try looking at the following, together with the F A Q section:- The web page should hopefully answer your queries

Hope of some use.

http://www.drinkdrivinglaw.co.uk/off...ss_alcohol.htm
 
#11 ·
i have a friend who is a bobby that is on the case with this , apparently they have the power to arrest you , if they think you have intent to drive but it seems to be a deterrant sas it is very hard for them to prove , they seem to wait for the engine to be started then pounce . the answer would be to have a key without the transponder in it and the real key out the way then you can`t drive or have intent
 
#13 ·
I knew they could say well you have the key and therefor you have intent..

Well I agree with that. But there has to be a sensible bit of thought here..

if your asleep in the back and you have had a couple of pints and a meal then by the time you have been a sleep for an hour of two your almost in to the one pint and then an hour or two later your be fine.. I am not saying to run by this rule. I only had a pint shandy when I was wild camping in London.. with a meal and then after the meal i Used to walk to the Tesco's for some food for the next day and by the time I was back I knew I would almost at 0

I think common sence.. get in the van and in the bed and hide the key out the way..you can on t5's separate the key to the remote and you could use that to gain access to the van but not be able to start it..if that was the case you could put the key in the battery tray area under the bonnet and then the remote to open and close the doors I would like to see a copper do you for intent when the other half of the key is in the engine bay!!!T:
 
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