Drive Drink and Sleep. Is it legal?

[foggy08]

reading this reminded me of when i was younger . my mates and i would go to galashiels and sleep in the car , ford zephyr .

we would go to the copshop and ask the duty officer if we could hand the keys in as we were going to sleep in the car . they would ask where we were parking , then tell us ......we cant take the keys but ,keep the noise down and dont be stupid .

the next week the same .. soon all we done was ,popped our head through the door and were given a nod .

i find if you play the game not all cops are b++++++s .

[(ROG)]

No offence committed if the intention to drive is not there - that is why LGV drivers sleeping in their cabs when had a few too many never get prosecuted

[Mike]

Would you take the risk Rog?

[(ROG)]

Would you take the risk Rog?

Go out in car to pub - drink booze - kip on back seat with keys nowhere near ignition - legal - no court will convict
The courts would rather the person did the sensible thing

Kip across the front seats and then try and argue that in court - no chance - driver loses as it can easily be argued that they were intending to drive but passed out

[Mike]

Would you take the risk Rog?

Go out in car to pub - drink booze - kip on back seat with keys nowhere near ignition - legal - no court will convict
The courts would rather the person did the sensible thing

Kip across the front seats and then try and argue that in court - no chance - driver loses as it can easily be argued that they were intending to drive but passed out

You haven't answered my question.

[(ROG)]

Would you take the risk Rog?

Go out in car to pub - drink booze - kip on back seat with keys nowhere near ignition - legal - no court will convict
The courts would rather the person did the sensible thing

Kip across the front seats and then try and argue that in court - no chance - driver loses as it can easily be argued that they were intending to drive but passed out

You haven't answered my question.

Yes I did - as there is no RISK if done as per kipping on the back seat then there is no problem in doing it

[Mike]

Yes I did - as there is no RISK if done as per kipping on the back seat then there is no problem in doing it

"Yes I did" as in yes you answered the question or yes you've done it? Or would do it? As for no risk, I think we all know that's bollocks.


"What if I fell asleep in the car or I was sitting in the back?

It depends on the circumstances leading up to it. If somebody else had driven the vehicle, and has merely got out and left you in it, and you were not aware of this, you are not in charge. If, however, you had, by your own means got into the car you would have been in charge and remain in charge."
 

[(ROG)]

Yes I did - as there is no RISK if done as per kipping on the back seat then there is no problem in doing it

"Yes I did" as in yes you answered the question or yes you've done it? Or would do it? As for no risk, I think we all know that's bollocks.


"What if I fell asleep in the car or I was sitting in the back?

It depends on the circumstances leading up to it. If somebody else had driven the vehicle, and has merely got out and left you in it, and you were not aware of this, you are not in charge. If, however, you had, by your own means got into the car you would have been in charge and remain in charge."
 

So is a lorry driver in an lorry doing overnight sleeps in it where they can be as little as 3 feet from the steering wheel !!

You are missing the main point - it is not simply being in charge - if it was then thousands of truckers would be getting done every year

[Highlander250469]

I played rugby years ago with a few police types

Quite often after a game and a good night on the pop I slept in the car. (stayed 15 miles away)

Now having discussed this at length with the polis lads they said the onus is on the driver to PROVE he didn't intend to drive.

I was advised get into the car on the passenger side, if you open the drivers door whilst drunk you will VERY likely get done.

Also to sleep in the passenger seat and stick the keys under the bonnet. Even sober people struggle to drive a car from the passenger seat while the keys are under the bonnet

No court in the land will convict you of intent to drive if you keep to these guidelines.

However, as a point of note, the police whilst allowed to use common sense with these type of cases are also advised if there is any doubt to arrest and let the court decide.

[bigjohnthomas]

Put the keys under the bonnet ? You might need my angle grinder to open the the bonnet without a key

[Highlander250469]

He has a MK3 same as mine.

None of that fancy key opening the bonnet malarky with the proper Transits

[frank133]

If you asume everything is ilegal you wont go far wrong,so take precautions,
If you sleep in your van after a few beers,make sure you can not be seen from the outside,
If the police or vosa come knocking ignore them,
They can only assume you have parked your van ,lorry, up and left it.When they go you go.
this practise has worked for me for many years,I have drove a lorry all my life ,and have had countless run in with the police.
I have never drove for Stobart so havent had the luxury of being able to park up after 8 hours .
I studied the law and done a home course for c.p.c. because ignorance is no excuse.
There was nothing I didnt know about falsifying driving records,and have a excuse before the question was asked.
Some people might think I was worse than a drug dealer,but in 30 years no accidents I never hurt anyone and got the job done.and loved it.

[knighty1981]

I guess the important bit is..... don't start the engine to put the heater on !

which would be easy/tempting to do when it's cold and you've had a few drinks!

[Clarkyboy]

Unless you've got an Eberspacher, lovely

(edit: i.e. eberspachers lovely, not you knighty.. although you might be, I don't know)

[knighty1981]

I'm more than just loverly... but I'm trying to keep a low profile on here... it'll just get awkward if you all find out how good looking I am and start trying to chat me up