.
Got away with what exactly…thats classed as his living quarters as well , so why can’t you have a drink ffs many do…I’m sure most drivers stopping out have a drink.
Sent from my SM-N976B using Tapatalk
rearaxle:
Got away with what exactly…thats classed as his living quarters as well , so why can’t you have a drink ffs many do…I’m sure most drivers stopping out have a drink.Sent from my SM-N976B using Tapatalk
being 2.5 times over the limit is more than a drink. rightly or wrongly if you have the vehicle keys in your pocket you are classed as being in charge of that vehicle.
i have no issue with someone having a drink after work be it in thier own home or in the cab if they are sleeping out. However there has to be a limit
PaddyTheLorryDriver:
It’s insane that he’s got away with it and even more so his employer is fine with it.
Oh ffs!..What has he ‘‘got away’’ with exactly? 
I certainly ain’t condoning heavy drinking on a night out, and if he had set off over the limit the next morning nick him, good enough for him…but he didn’t or at least he didn’t get caught.
You can not nick nor prosecute someone for what he ‘maybe would have done’',.things are bad here but not that bad…despite the usual self righteous suspects who will.advocate for a total ban.
(Like every ■■■■ thing else in this country )
There is nothing wrong whatsoever with a responsible driver having a drink in his OWN time on a rest period if he intends to start work, well under the limit…emphasis on the word ‘responsible’ 
If the snowflake crew do want a total ban,.they will have to ban day men having a can at home also…in their OWN time.
Let’s not get carried away over one knobhead who drinks too ■■■■ much.
cooper1203:
rearaxle:
Got away with what exactly…thats classed as his living quarters as well , so why can’t you have a drink ffs many do…I’m sure most drivers stopping out have a drink.Sent from my SM-N976B using Tapatalk
being 2.5 times over the limit is more than a drink. rightly or wrongly if you have the vehicle keys in your pocket you are classed as being in charge of that vehicle.
i have no issue with someone having a drink after work be it in thier own home or in the cab if they are sleeping out. However there has to be a limit
There is a limit…
Being professional and responsible.
It’s always been a defence to a DD charge to show that you had no intention of driving the vehicle while over the legal limit (for example because you are out of hours, or parked outside a premises you are booked to deliver at the following morning). I’m surprised the solicitor didn’t know this and go for a straight “not guilty” plea.
I personaly choose not to drink when i am going to be driving be it a lorry or my own car. I aint fussed by it to be honest i just know that if i had a drink and caused an accident where someone got hurt or god forbid a fatality i would loose my mind and wouldnt beable to get behind the wheel agaun… call me soft but thats my mentality. so i choose not to drink.
Having said that if someone else wants a beer or glass of wine or whatever with in the limits of the law so whatthat is there choice and i dont see how any reasonable person can deny them that.
Incidently those that do sleep in thier cabs and have a beer or whatever how do you get round the keys in your pocket part.
Harry Monk:
It’s always been a defence to a DD charge to show that you had no intention of driving the vehicle while over the legal limit (for example because you are out of hours, or parked outside a premises you are booked to deliver at the following morning). I’m surprised the solicitor didn’t know this and go for a straight “not guilty” plea.
what is the acceptable “legal” level that alcohol decays in the body im mcg or what ever it is.
It was bad he had the keys in the ignition.
If I was on a night out drinking .If youre at lymm services,theres a bar,so you have no choice but be “in charge of a vehicle”,in order to open the doors and get in the bunk,I wouldnt put the keys in the ignition.
Imagine if we were all at Lymm services tonight,all of us on this forum and we met in the bar.
Youre going to sit there drinking orange juice.I dont belive you
I am totally against alcohol, think it is far worse then smoking but it is legal and if he was not going to drive he has been treated harshly.
Keys in the ignition might have been to open the window or use the radio.
You still have access to your keys and vehicle if drunk at home.
its suprising how many are daily doing the drink n drive .the alcoholics mostly. im guessing but i think at least 10 % of adults are alcies and many are clever in that theyve wangled a job /shift that allows them to drive on quiet back roads mostly. iv learned that anyone who is really ratty at 9 am but lovely by noon is likely one of them
cooper1203:
I personaly choose not to drink when i am going to be driving be it a lorry or my own car. I aint fussed by it to be honest i just know that if i had a drink and caused an accident where someone got hurt or god forbid a fatality i would loose my mind and wouldnt beable to get behind the wheel agaun… call me soft but thats my mentality. so i choose not to drink.Having said that if someone else wants a beer or glass of wine or whatever with in the limits of the law so whatthat is there choice and i dont see how any reasonable person can deny them that.
Incidently those that do sleep in thier cabs and have a beer or whatever how do you get round the keys in your pocket part.
This keys in their pocket/keys in the ignition thing, is (or should be) irrelevant.
A sleeper cab motor used by a tramper is dual purpose, a work environment and a ‘home’ environment,.by it’s very name…sleeper cab.
If you are booked off on a daily rest it is blindingly obvious you intend to have your time off, (ok., if you start before your time limit that is a separate issue and another argument for another day.)
If in a car with too much drink on board (or even a day cab) that is different, it ain’t a designated area to live in, so it could be argued with substance, that you could at any time drive, but I still think you should only be done if you attempt to, and caught, not just based on ifs and maybes.
What about if you are on your jollies overnight in a camper van or mobile home , another designated sleeping/home environment., do you also risk getting nicked?
Another one if those yhingscwhere discretion and common sense should take priority, instead of collar feeling.
In the past if I have maybe had a couple more than I intended if in good company on a night out.,.I’ll increase my daily rest accordinglly…
(Even if I know in my own mind I ain’t had THAT much,.so I’d be fine anyway,.and I ain’t talking a bottle if vodka like matey., or a skinful of beer before the self righteous jump in panting
(But then again I’m one of the few that actually understand that 9 hours and 11 hour periods are minimum LIMITS , …and not compulsory targets set by my firm. )
In my opinion the best thing to do is keys out, card out and put an entry in to your hours book/diary of your start time the next day so as to evidence your intentions.
Rob makes a very good point about campervans etc, they don’t have a legal framework to operate from, I wonder what would happen to a weekend warrior enjoying a few beers on the Saturday night but going home on a Sunday?
For me, personally, I never drank whilst working except for occasions to have weekly rest away from home, and the card always came out due to the embarrassing amount of times I left it in and forgot to switch mode.
I guess it’s a personal choice but I think there is an obvious difference between “a couple of beers” after work and being several times over the limit when it comes to a possible 9 hour break?
robroy:
There is nothing wrong whatsoever with a responsible driver having a drink in his OWN time on a rest period if he intends to start work, well under the limit…emphasis on the word ‘responsible’
This. Park up for an 11 off, have a shower, have something to eat and a few pints, roll into your bunk and when you get up 7 or 8hrs later not a trace of alcohol left in your system. Park up for 9, have a skinful then have a few hours kip and away is a completely different kettle of fish.
robroy:
PaddyTheLorryDriver:
It’s insane that he’s got away with it and even more so his employer is fine with it.Oh ffs!..What has he ‘‘got away’’ with exactly?
I certainly ain’t condoning heavy drinking on a night out, and if he had set off over the limit the next morning nick him, good enough for him…but he didn’t or at least he didn’t get caught.
You can not nick nor prosecute someone for what he ‘maybe would have done’',.things are bad here but not that bad…despite the usual self righteous suspects who will.advocate for a total ban.
(Like every [zb] thing else in this countryThere is nothing wrong whatsoever with a responsible driver having a drink in his OWN time on a rest period if he intends to start work, well under the limit…emphasis on the word ‘responsible’
If the snowflake crew do want a total ban,.they will have to ban day men having a can at home also…in their OWN time.
Let’s not get carried away over one knobhead who drinks too [zb] much.
You got to agree with the old bloke here ,if one is in charge of a vehicle how can one be on a daily rest period
Punchy Dan:
robroy:
PaddyTheLorryDriver:
It’s insane that he’s got away with it and even more so his employer is fine with it.Oh ffs!..What has he ‘‘got away’’ with exactly?
I certainly ain’t condoning heavy drinking on a night out, and if he had set off over the limit the next morning nick him, good enough for him…but he didn’t or at least he didn’t get caught.
You can not nick nor prosecute someone for what he ‘maybe would have done’',.things are bad here but not that bad…despite the usual self righteous suspects who will.advocate for a total ban.
(Like every [zb] thing else in this countryThere is nothing wrong whatsoever with a responsible driver having a drink in his OWN time on a rest period if he intends to start work, well under the limit…emphasis on the word ‘responsible’
If the snowflake crew do want a total ban,.they will have to ban day men having a can at home also…in their OWN time.
Let’s not get carried away over one knobhead who drinks too [zb] much.
You got to agree with the old bloke here ,if one is in charge of a vehicle how can one be on a daily rest period
But at least I would have got it right way round Dan (even though I’m an old bloke 
) and said…
If one is on a daily rest period, how can he still be in charge of the vehicle…
Just saying . 
Well I still go for pint but lock the door just in case to law turn up if the key is in for the wireless to be on ,although the driver in question appears to have a drink problem.
Says he blew 87 the legal limit is 35.
And he was planning on setting off around 7am.
By time his defence says he could.of been under the limit.
But article states he was questioned in the evening.
And he said he was. Setting off at 7 am. being generous say he was taking 12 hours off.
means he was parked up around 7 am. He mus of been going some to blow 87 no idea how much drink that is. But to blow that much .in the evening after obviously driving all day and only being parked up a matter of hours.
He was either drinking earlier while maybe driving
Or he downed a bottle of something strong…
Either way I reckon he had a.drink problem and hope this is a wake up call for him