It raises it's head from time to time with people having various opinions on what you can and cannot do and what is likely to be 'excused'. It was just raised again on another forum, so I thought I'd include it here.
Here are the facts.
The offence is 'Driving, or being in charge, when under influence of drink or drugs'.
“road” includes a public road and any street, carriageway, highway or roadway to which the public has access
"public place" any place to which the public have access as of right or by permission and whether subject to or free of charge
The mitigating factor is 'likelihood to drive'. To clarify - Here is the law in Northern Ireland from the Order itself.
http://www.legislation.gov.uk/nisi/1995/2994/article/15/made
As you will see the definition stands of certain factors - road or other public place, likelihood of driving, ability to drive is impaired, drink or drugs both are included.
Also:
Breath test is not necessary (it is preferred) but the power is still there to arrest on 'reasonable cause to suspect' AND the constable may ENTER BY FORCE any place to make the arrest including forcing his way into your motorhome.
Here are the facts.
The offence is 'Driving, or being in charge, when under influence of drink or drugs'.
“road” includes a public road and any street, carriageway, highway or roadway to which the public has access
"public place" any place to which the public have access as of right or by permission and whether subject to or free of charge
The mitigating factor is 'likelihood to drive'. To clarify - Here is the law in Northern Ireland from the Order itself.
http://www.legislation.gov.uk/nisi/1995/2994/article/15/made
As you will see the definition stands of certain factors - road or other public place, likelihood of driving, ability to drive is impaired, drink or drugs both are included.
Also:
Breath test is not necessary (it is preferred) but the power is still there to arrest on 'reasonable cause to suspect' AND the constable may ENTER BY FORCE any place to make the arrest including forcing his way into your motorhome.