Just watched one of them cop show reruns on the Watch channel and there was a Polish guy who was fined £200 and given 10 points on his license for being drunk in charge of a motor vehicle. Now I didn’t see all of the show and caught it from half way in but at what point do you stop being in charge of your truck ? There surely has to be a threshold were it becomes your living area. This copper was like a bulldog with a bone trying to stick drink driving on this truck driver. It looked to me as if he was parked up in the docks but as I didn’t see it from the start, i maybe wrong !
Also what happens to a foreign drivers license if it is endorsed with 10 points from the UK ? How does things like that work ?
I believe that you can and probably will be convicted of being drunk in charge of a vehicle if you were in the vehicle and it can be shown that you intended to drive it.
I always thought you were “Drunk in charge” when you have the keys to a vehicle in your possession, and access to it.
If you go to a party for example, and decide that because you’re over the limit, you’ll sleep in and where you left your car, rather than drive home, if plod then comes along and breathalyses you, you’ll get busted IF you have the car keys on you as well, which is more than likely if you are sitting in the car already… We’ve all heard stories of well-meaning friends who’ll see someone get into their car to go home, but obviously inebriated, and these friends then confiscate the driver’s car keys… Job done, plod doesn’t nick if said driver decides to sleep it off in the open car but WITHOUT the keys! - You’re not “in charge” of the vehicle unless YOU have the power to make it go somewhere there and then…
If a driver is ■■■■■■ on a dock, he will get done as it is still a public place. Forget the Dover solicitor, that was just a fishermans tale
A public place is somewhere where the public pass or gather. On the docks, we are the public, the ferry crew are the public, the office staff are the public.
You don’t need the keys on you to get done for drink driving either.
The law states ‘driving or attempting to drive’ If you’re so wasted you don’t realise that you haven’t actually got your keys on you, but you’re sat in the drivers seat fumbling with the ignition thinking the keys are in there (for example) or if you think the engine is running and you’re going through the motions of trying to make the car move, you will still be guilty of attemping to drive.
On the other hand, if you are sitting in the driver’s seat of your truck with the keys in and listening to the radio and getting to the bottom of your second can of Guinness you would be OK so long as your tacho was on rest. I would help if you took your high viz vest off too.
nearly there:
I saw that show.he had to drive the truck as the only suitable rest area was 15 miles away or so.it wad the port staff who stopped him at first
If it’s the same one i saw then all the empty cans where a give away and the blood alcohol levels and the tacho told the rest of the tale
Wheel Nut:
If a driver is ■■■■■■ on a dock, he will get done as it is still a public place. Forget the Dover solicitor, that was just a fishermans tale
A public place is somewhere where the public pass or gather. On the docks, we are the public, the ferry crew are the public, the office staff are the public.
Haven’t we had a similar thread before-possibly not about the same person?
UK traffic laws apply in ferry terminals,so if he alerted port staff,he was rightly detained and penalised. Not sure about the ‘public’ thing though,Wheel Nut.Once we book in,we as bona fide travellers have access to a ‘non public’ area,and crew /office staff are employees therefore not members of the public during the course of their employment.Totally prepared to be shot down in flames here.
Wheel Nut:
If a driver is ■■■■■■ on a dock, he will get done as it is still a public place. Forget the Dover solicitor, that was just a fishermans tale
A public place is somewhere where the public pass or gather. On the docks, we are the public, the ferry crew are the public, the office staff are the public.
Haven’t we had a similar thread before-possibly not about the same person?
UK traffic laws apply in ferry terminals,so if he alerted port staff,he was rightly detained and penalised. Not sure about the ‘public’ thing though,Wheel Nut.Once we book in,we as bona fide travellers have access to a ‘non public’ area,and crew /office staff are employees therefore not members of the public during the course of their employment.Totally prepared to be shot down in flames here.
I think you mean this thread and it concerns Poole docks
i once arranged a night out with a friend in long eaton…the plan was to leave my van outside his house and kip on his sofa.
anyway…during the night we got split up(woman) and by the time i got back to his house i was blind drunk and presumably…so was he i couldnt wake him up ,so i decided to kip in the van. during the night i woke up freezing cold,so i got in the drivers seat..started the engine,cracked the heater on full and promptly fell asleep again :sunglasses: next thing i knew...i was covered in glass and a copper was shining his torch in my face....apparently(according to the neighbors)the engine was revving its knackers off and they thought i was trying to kill myself.
i was locked up for the night,and then charged with drunk in charge the next morning…however…the policewoman that interviewed me advised me to seek legal advise because ,in her opinion i had no intention of driving…due to the fact i was fast asleep and had a coat over me.
sure enough…they kicked it out of court, mainly(according to my soliciter)down to the fact that the police woman had put in her notebook that i was fast on with a coat wrapped round me…
i still reckon it was something to do with the heavy ■■■■ they found…and let me off so the trail didnt go cold....but thats another story
commonrail:
i still reckon it was something to do with the heavy [zb] they found…and let me off so the trail didnt go cold....but thats another story
No, the WPC (and the court) were correct - anyone charged with being drunk in charge of a mechanically propelled vehicle has a statutory defence available of he can show that there was no likelihood of him driving while still unfit/over the limit. Being in the bunk, parked in a recognised parking place and only a couple of hours into a 9 or 11 hour Rest period with the tacho card out is pretty good evidence that you are not likely to resume driving in the near future
It is however one of the situations where it is up to the accused to convince the court that this defence applies - almost a case of being “guilty until proven innocent”. The prosecution still has to show that he was unfit (or over the prescribed limit), that he was “in charge of” a mechanically propelled vehicle and that it was on a road or public place (and this last bit can open up a whole new can of worms!)
at which point is the driver officialy in the UK?
at passport control on the UK side of the channel?
or
at passport control in calais? the bit run by UKBA.
or
is it 11 miles from the UK shore?
It may sound like a bit of a daft question, But UKBA can arrest someone on the french side of the channel (so i would assume an english copper could do the same), They kind of have a bit of the docks at calais that are like a little part of England (juristiction wise).
Kerbdog:
Just watched one of them cop show reruns on the Watch channel and there was a Polish guy who was fined £200 and given 10 points on his license for being drunk in charge of a motor vehicle. Now I didn’t see all of the show and caught it from half way in but at what point do you stop being in charge of your truck ? There surely has to be a threshold were it becomes your living area. This copper was like a bulldog with a bone trying to stick drink driving on this truck driver. It looked to me as if he was parked up in the docks but as I didn’t see it from the start, i maybe wrong !
Also what happens to a foreign drivers license if it is endorsed with 10 points from the UK ? How does things like that work ?
Motorway cops they also filmed years ago a lorry driver who liked womens clothes.He was parked up for
the night curtains shut and he got nicked as well .Members of the public call the police as he was making
a nuisance of him self.If i remember right he got 10 points and a big fine.
how does this work say,for a motorhome driver ,has a drink parked up in a laybye.does the same rules apply .ok he /she may be asleep but has keys in his possesion, can they still get fined
commonrail:
i still reckon it was something to do with the heavy [zb] they found…and let me off so the trail didnt go cold....but thats another story
No, the WPC (and the court) were correct - anyone charged with being drunk in charge of a mechanically propelled vehicle has a statutory defence available of he can show that there was no likelihood of him driving while still unfit/over the limit. Being in the bunk, parked in a recognised parking place and only a couple of hours into a 9 or 11 hour Rest period with the tacho card out is pretty good evidence that you are not likely to resume driving in the near future
It is however one of the situations where it is up to the accused to convince the court that this defence applies - almost a case of being “guilty until proven innocent”. The prosecution still has to show that he was unfit (or over the prescribed limit), that he was “in charge of” a mechanically propelled vehicle and that it was on a road or public place (and this last bit can open up a whole new can of worms!)
Nail on the head I’d say mate. All this talk of keys in ignition is irrelevant RDC waiting room smoke. If you were paraletic and got into your car but didn’t have your keys because you were so drunk you didn’t think to bring them you’d still be prosecuted.
The key thing is intent, if you’re fast asleep on your bunk 3 hours into a 9 hour break then there’s obviously no intent.
