OVER THE LEGAL LIMIT

[wasp]

Does anyone know the law regarding sleeping in a van when over the legal driving limit . On a few occasions
I've slept in the car park of a pub in the back of my van whilst being over the limit . How would one avoid breaking the law in such instances.

[fredpuli47]

Let's assume that this pub car park is 'a public place' ( the court will be keen to find that it is). It is an offence to be in charge of a vehicle in a public place when over the limit.It is a defence to prove that there was no likelihood of your driving whilst still above the limit.

[factor-fiction]

Fred- in your last sentence did you mean to say it IS a defence or it IS NOT a defence...
If he has the keys on him he'd be regarded as Drunk In Charge but if he left the keys with the landlord would that be a valid defence? And what if he removed the battery/a wheel before he went in the pub?

[fredpuli47]

It IS a defence for the person to prove that the circumstances were such that there was no likelihood of their driving when the proportion of alcohol in their blood, breath or urine was likely to be above the prescribed limit.( 'Circumstances' excludes injury to the person or damage to the vehicle as a result of an accident involving the vehicle).

Common sense has to be applied. If I left my only car keys with a credible landlord under strict instructions that they were not to be returned to me until I could not possibly be over the limit then I'd expect to be able to prove the defence. The court might think that my removing the battery or a wheel was a cosmetic exercise or ineffectual in that they'd not believe that I would not drive at a time when over the limit.If my reading was very high it would be many hours before I was below the limit.In the instant case, the court is almost sure to wonder why the man was staying to sleep in the van if he'd no intention of driving it in when he woke up in the morning, or as soon as he felt better, and conclude that then he was likely to still be over !.

[Barmaid]

As an example I saw a case once where the Def and his mate had gone to the seaside on afternoon. They went round the town and then went back to the car. Like total idiots, they sat in the car on the seafront, drinking out of a tin and with the keys in the ignition listening to the radio. Driver was nicked. (Surprise surprise).

The Court concluded that there was no likelihood of him driving since what he WAS able to show was that the car was actually parked outside the B&B in which they were staying for the night (pre booked). They had originally gone back to pick up clothes to go into the B&B, but decided to have a last drink each on the sea front before showering and changing for a night on the town.