Silly question: How does drunk in charge of a vehicle work for a motorhome?

As per the topic!

If your motorhome is parked up, could you be done for being drunk and in charge of it if you're inside, asleep in the bunk, ****ed up and with the keys in there somewhere too?

I realize the distinction between a public highway and private land, and also perhaps that some designs don't have access between the cab and the living area.

[Bluepete]

In the absolute letter of the law, having the keys is enough.

However.

Nowadays, a successful prosecution must show that the defendent was likely to drive whilst over the limit.

For example.

I recently arrested and prosecuted a very drunk male who was in his car with the engine running, parked next to a kids park. As it turned out, he was outside his house (neither he or car registered there and he was too drunk to say)
As I tried to breathalyse him, he put the car in gear, without realising I had taken the keys.

The magistrates found him guilty on the basis that he had attempted to drive off.

Without the prosecution being able to show a likelihood to drive whilst still intoxicated, a person will it be found not guilty.

In the case of motor homes, common sense would prevail. On private land, no worries. Parked in a layby pi$$ed up? You may find yourself being arrested.

Just hope you meet a reasonable Cop. In the instance you describe, no worries. If I had spoken with you and left you with it though, you may find a colleague waiting nearby in the morning...

Pete

Interesting topic. I've often wondered the same. When parked with the Caravan in a lay-by for the night (prior to getting into a race meeting or track day and such) and you have a few beers I'm always paranoid that I'd be asked to move and can't because I've had a drink.

I had a friend convicted of this back when I was about 20 for sleeping in his car after a night out. He was sensible enough to know not to drive, but was done anyway. He's still bitter about it now. ... and I don't blame him.

C

If you pull up off the road in a car park, get pi55ed and take a nap until its wore off, surely this isn't illegal? Isn't it just your perogative?

First time I've heard of or thought about this .

[timwilky]

I was told that technically they could do you for drunk in charge walking home from the pub with your car keys on your person. I know very unlikely, but what if someone was to say they heard me say I would nip out in the car for chips etc.

Please confirm/deny the possibility of being technically guilty. Same if I am having a drink in the garden this sunny weather and my keys are in my pocket.

Originally Posted by specialone

If you pull up off the road in a car park, get pi55ed and take a nap until its wore off, surely this isn't illegal? Isn't it just your perogative?

First time I've heard of or thought about this .

Common sense needs to be used but the issue is that some drunk people do daft things. Someone who maybe wouldn't normally consider doing somethings aa daft as driving whilst drunk might if they are sitting in the car.

[Bluepete]

Read my first post.

The answer is there.

[Red Herring]

As Pete says there is a defence in law to being in charge if you can prove that under the circumstances there was no likelihood of you driving the vehicle whilst drunk (Sect 4) or over the prescribed limit (sect 5). The onus is on the defence to prove the likelihood of not driving, not for the police to prove you would have driven, but as Pete says in reality the police will cover their bases and interview before charge.

We have far more problems with lorry drivers than we do campers, especially when they are parked up for the night where they shouldn't. Seems a bit unfair to make them move, and then nick em for drink driving, but if jobs are short this month.....

Bluepete's answer seems perfectly logical, if you are in your pj's tucked up in bed I would think that you would be unlikely to be arrested as you are obviously not going to drive away.

[Biker Biggles]

But if you read RHs post, to be in the clear you would need to prove that you were not likely to drive.As we all know,proving a negative is quite tricky which is where I have a problem with this law.In fact I have a problem with any law that can find you guilty of an offence which you hav'nt committed,or made any attempt to do so.
Just me being a pinko lefty liberal no doubt.