question can you get nicked or not

pat

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question can you get nicked or not

· Posted: 16.05.2015 · #1

Whilst in the MOT station in Belfast, the guy that was doing the MOT on my van ask me a question. When you're parked up for the night wild camping and in possession of the keys of your van, if you drink can you get nicked for drink driving and over the limit. Does anybody know?

JAG147

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #2

No if it looks like you are parked up for the night, what determines this I don't know but that's what I was told by a policeman,

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #3

Been discussed on here numerous times with different opinions.

No one seems to know anyone that has been prosecuted, I think it would be very hard to prosecute anyone with their bed made up, silver screens on and seats turned around. Have said it before, I will carry on doing what I do until such times someone tells me I can't.

The police have seen many a motorhomer with a drink in their hand, never been a problem as far as I am aware.

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #4

As long as you always use the habitation door to enter and exit the van , no intent can be proven. Different story if you roll out of the pub and decide to get into the van through the drivers door tho. Got that snippet of info a few years back from and oul m8 of mine that was a sargent in traffic branch.

John

pat

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #5

thank's for your reply's as you no ally i am tea total so it dont apply to me lol

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #6

Quote by pat

as you no ally i am tea total so it dont apply to me lol

:drink:

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #7

BEING 'DRUNK IN CHARGE' OF A VEHICLE
If someone is over the alcohol limit, they can be arrested for simply having the car keys on them and their car nearby. They don’t actually have to be driving or even attempting to drive!

THERE IS NO LEGAL DEFINITION FOR BEING ‘IN CHARGE’ OF A VEHICLE, BUT IT COULD BE:
sleeping in a car while over the limit and in possession of the keys
supervising another driver while over the limit (eg. if the driver only has a provisional licence)

the above from http://enjoyresponsibly.co.uk/alcohol-and-the-law/

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #8

Quote by tony2phones

Doesn't take into account there is a bed, a toilet, basic living accommodation or the fact that the vehicle has been transformed into one that cannot be driven by the either the front seats being turned around, silver screens on the window, bed made up, tv aerial up, step down, ramps under wheels, slippers on your feet

Having a drink in your Motorhome is no different than sitting in the house with your car parked outside.

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #9

I was told before if the key is in the ignition you can be bagged, makes sense.

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #10

What we should do is ask a peeler. He won't know the answer in all probability and guide you to the nearest nick. Someone out there knows and if we could source a definate answer and put it on here, there would no longer be any ambiguity on the matter. M'lawd.

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #11

The other question would be as to whether you have to be on the public highway. if off the road then surely there is no legal right to be challenged?

the fat controller

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #12

It also could depend on where you are as each country has their own rules around it.

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Re: question can you get nicked or not

· Posted: 16.05.2015 · #13

Quote by Helgahobby

What we should do is ask a peeler. He won't know the answer in all probability and guide you to the nearest nick.

Post 4, John asked traffic branch, I have also asked a policeman. Answer was basically, it wouldn't stand up in court.

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Re: question can you get nicked or not

· Posted: 07.06.2015 · #14

Tonight we were at The Commons, Donaghadee Aire. The police wrapped my door and asked if I was ok to drive, had I been drinking. There were fourteen vans on the aire and one of them had been vacant for two days, the owners hadnt been seen, and there was a smell of gas. The police wanted to evacuate the area, but obviously oly if the drivers were legal. The ones that were sober, and I have to apologise for being one at the time, were being asked to move. Turned out to be ok, but the point is. The police were unable to move us if we had been drinking, and there was no issue if indeed drink had been taken. So I had a few and now I'm away to bed.

masterman

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Re: question can you get nicked or not

· Posted: 07.06.2015 · #15

I can assure you on this one from a very reliable source in the PSNI that you would be / should not be bothered if you an in a camper or motor home parked up for the night with a drink.
I have no reason to disbelieve her as she's often sat beside me in ours with glass in hand

wolfie

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Re: question can you get nicked or not

· Posted: 07.06.2015 · #16

if having a drink make sure you are parked legally as if the police ask you to move, someone needs to be able to drive

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Re: question can you get nicked or not

· Posted: 07.06.2015 · #17

if you have the keys in pocket and not even in a van car etc yes you can be nailed ,my uncle got dune about 30 years back in bangor cumeing out of a club and his car was in the next street,also a friend was done sleeping in the back seat of his car at jordenstown.
give the keys to someone else then you are clear.

wolfie

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Re: question can you get nicked or not

· Posted: 07.06.2015 · #18

roadrunner, that will not apply to motorhomes, as said earlier if it is obvious you are staying put for the night

travel Man

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Depends on your likelihood of driving

· Posted: 06.08.2016 · #19

If in your Van or caravan its all about your likelihood of driving. Its not about the door you enter.
If you feet are down beds made up water connected or what ever gas turned on and there is no likelihood of you driving then the police would be hard pressed to recommend a prosecution.
If you were parked in the carpark of a pub without having made any arrangements about parking there overnight with owners it may be a different story. And Yes you can be in drunk in /charge of your car at home but as i said its all about the your likelihood of driving .

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Re: question can you get nicked or not

· Posted: 06.08.2016 · #20

Many moons ago when I was on the road I was told by a police inspector that as the driver you are are responsible for a vehicle on a public road, parked or not and you are subject under the road traffic acts no matter what and would be expected to be able to move it at any time. Now if you are off road i.e. in an Aire not a lay by Then it is a different situation.

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Re: question can you get nicked or not

· Posted: 06.08.2016 · #21

Quote by travel Man

If you were parked in the carpark of a pub without having made any arrangements about parking there overnight with owners it may be a different story.

Interesting and important point!
Any other views on this?

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Re: question can you get nicked or not

· Posted: 06.08.2016 · #22

Certainly is nilrac and I agree with that take.

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Re: question can you get nicked or not

· Posted: 06.08.2016 · #23

car van motor home still drunk in charge if on highway or place public have access to,im not taking any chances others can do as they like.

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Uncomfortable in Westport

· Posted: 02.06.2019 · #24

Quote by nilrac

This sounds like the likely case to me. Since I got the camper almost a year ago, I have only spent 4 or 5 nights at a campsite. Rest of 8,000 Kms has been on piers / docks / car park etc. This Saturday evening had our tea in the Helm on Westport Quay. Had a couple of pints. Walked back to the van parked at the far end of the Quay, right beside the Per Food factory. A few other vans there. Had another couple of cans while watching the match. Road Traffic Jeep appeared around 9pm, and drove around looking at each van (stopping at each one). They stopped at ours for quite a while, not getting out, but looking in the side window, and then the front window. If I had not had a few beers I would have went out to talk to them. As it was, I felt pretty uncomfortable and I think if enjoying beer in future, it will likely be at camp sites. I think they might have been looking for somebody specific.

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Re: question can you get nicked or not

· Posted: 02.06.2019 · #25

Common sense will prevale,

If you are acting the maggot they might give you hassel,
If you are responsible they wont bother you,

ntg

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Re: question can you get nicked or not

· Posted: 02.06.2019 · #26

Have never heard of any responsible motorhomer having parked up,taken keys out of ignition and then being hassled by the law.
There is a first time for everything but my thoughts are, park with intent to stay and enjoy.

<BM>

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Re: question can you get nicked or not

· Posted: 02.06.2019 · #27

Pretty sure the law refers to a person in control of a vehicle, if you're in the driver's seat with the keys, you're in control of the vehicle, if you're in the passenger seat with the keys, you're not. If you've got the keys in the driver's door and are unlocking it, you're in control of the vehicle. Remember those subtleties, don't use the driver's door if it can be avoided, there's a very clear distinction.

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Re: question can you get nicked or not

· Posted: 03.06.2019 · #28

On an English site there was some debate about being "done" depending where you were parked.

There was some argument that you could be done on private land like a pub car park because it was somewhere which was a publicly accessible place.

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question can you get nicked or not

· Posted: 03.06.2019 · #29

Years ago a friend of ours who was walking past a pub on his way home as he always did said he liked the fresh air after being in the pub all day and saw his neighbours car and went in and asked for a lift home and said he would wait in the car and listen to the Dog results as his father had one running that night.
He was sitting in the passengers seat and got done for being drunk in charge of a car and was banned from driving for 3years.
Stupid part was he did not know how to drive and had no means of doing so his family did not own a car.
And was killed shortly after while walking home on the hard shoulder another night about 500 ,mtrs from his house. By a young idiot who taught he might have hit something but did not stop to find out.

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Re: question can you get nicked or not

· Posted: 03.06.2019 · #30

Quote by sprinter

Oh God, the poor guy. Thats terrible

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Re: question can you get nicked or not

· Posted: 03.06.2019 · #31

This conversation reminds me of the first Feile concert in Thurles in 1990. I got there early on the Friday, parked the car on main street near a pub and headed into the pub. Planned to leave the car parked there for the weekend. When we came out of the pub many hours later to head to the venue, the Garda had placed 'no parking' cones all down the street. My car was the only one left on the street in the middle of the cones. I talked to the Garda and said I had been in the Pub. They made me move the car. Those were different times, where the limits were much higher, and probably few of the had such a thing as a breathalyzer. Anyway, thanks for the advice on this. Another reason for concern in Westport was that I saw some 'new' signs for 'no camping or motorhomes' down at the Quay. On Saturday night, there were around 15 vans around. On the triangle, it is now a pay parking area and a one way system.

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Re: question can you get nicked or not

· Posted: 03.06.2019 · #32

Different times indeed.
These old campaign ads make me giggle now !

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