Discussion in 'Legal, Insurance and Finance' started by mayweather, Dec 17, 2018.
If she hopped out at the petrol station or something it could be!
Same for Owners of Motorhomes or Lorry Drivers - If you live in the vehicle and have a drink, what's the offence? Is it an offence?
Most motorhomes are on private grounds. Lorry drivers I've no idea.
If I drive to the pub and the wife is driving home, I make sure the keys are in her bag.
There is only ever one way to be sure. Anything else is rolling the dice.
Nuke it from Orbit?
It’s all down to the intent to drive - that’s the defence, although it can only be an offence in a public place so camp grounds tend to be ruled out in that case.
I wouldn’t be concerned about being a passenger and having the keys in my pocket - you’ve no intention of driving and it’ll be obvious that someone else is driving.
This is exactly it....I’ve been in court and the judge has said the exact same thing....
The wording to prove the actual offence is “is there any likelihood of the person driving”....
The word likelihood is the key word - and for the points mentioned by @rollinstone there is of course a likelihood ...
Too many people fall foul of this one
It doesn’t matter if you’re in the back seat etc....
The point being that there’s a likkihood of the person waking up cold at some stage and then going feck it I’ll just drive home....
There are of course some defenses for In charge of a MV whilst over the limit but they’d not be relevant in the sleeping scenarios. (Obv a private place is different - but I’d question why the police wouldn’t have realised that at the time)
There’s plenty of times where police just give the person a bollocking and move them on, some people just don’t realise how serious it is