examiner.co.uk/news/west-yor … y-12003153
Tough??
Can think of better places to spend me 45 !!! but don’t think that would be Batley either …
So if a tramper is having a few beers and a copper knocks on your door, what’s the script?
Does it make any difference if the keys are in the ignition or what?
drinkdrivinglaw.co.uk/offences/i … lcohol.htm
Failing to provide a specimen of breath is not a good idea as it will lead to you being arrested. If you then refuse to provide a specimen of breath or blood at the station you will be charged and the court will then draw there own conclusions as to why.
Unfortunately ignorants is not an excuse so saying I was unawear will not wash.
raymundo:
Can think of better places to spend me 45 !!! but don’t think that would be Batley either …
Probably why he took to the drink 
eagerbeaver:
Does it make any difference if the keys are in the ignition or what?
You can be aleep in the back seat of a car with the keys in your pocket. You are still in charge of it.
So driver drinks (to excess ) on is 45 hour rest period.
So in that case, any trampers who are now having a few cans of beer in their wagon’s are at risk of being charged if a copper knocks on their door for whatever reason and smells alcohol on you.
What could be a simple case of checking a driver is ok, (for example a member of the public phones the filth because someone is hanging around the truck looking suspicious), could turn into being arrested for being over the limit and in charge of a vehicle?
I seem to remember that there was a case where the driver got off in court as there was no proof he was going to set off in the truck. The tacho laws requiring time off would suggest application of common sense 
eagerbeaver:
So in that case, any trampers who are now having a few cans of beer in their wagon’s are at risk of being charged if a copper knocks on their door for whatever reason and smells alcohol on you.What could be a simple case of checking a driver is ok, (for example a member of the public phones the filth because someone is hanging around the truck looking suspicious), could turn into being arrested for being over the limit and in charge of a vehicle?
I suppose it can if it’s some jobsworth copper, a friend of mine was arrested many years ago for being drunk in charge while sat in a passenger seat of the car while the keys were in the ignition.
What happened was his mate, who was sober, left him there while he went for a take away. Police arrive and arrest him, and it went to court.
Knew a lot of the local plod in those days, and what they sais is they didn’t want to it to get that far but the CPS got involved. My mate got away with it, probably help by impressing the magistrates about what a fine upstanding citizen he was, he was a trainee priest, his mate was an RAF officer and he had a load of good character witnesses including several coppers who were also our cadet instructors’.
OllieNotts:
I seem to remember that there was a case where the driver got off in court as there was no proof he was going to set off in the truck. The tacho laws requiring time off would suggest application of common sense
Yep either no common sense, or the driver started getting a bit leary when the police turned up concerned about the state he was in.
muckles:
So driver drinks (to excess ) on is 45 hour rest period.
Maybe to a little to many 
“They witnessed vomit down the side of the door and on the floor.
Most police will just give advise and go on the attitude of the driver. If arrested though it’s down to the defence to prove there was no intention to drive not the police.
A couple of years ago there was a similar topic on here. Somebody said that they knew of a driver who was 3 miles from his cab, was over the limit, and was done for drunk in charge because he has his keys in his pocket. I challenged him for evidence (none came) and I still doubt his story. You hear rumours of this kind of thing…seems harsh to me.
Technically they should arrest and charge people who drink in their own home, if the car is parked outside and they have the keys inside… "in charge under the influence ".
the nodding donkey:
Technically they should arrest and charge people who drink in their own home, if the car is parked outside and they have the keys inside… "in charge under the influence ".
Not true as its not a public place.
There only arrestable if say they were seen to drive onto their driveway.
It Is if the cars parked on the street
Casper68:
the nodding donkey:
Technically they should arrest and charge people who drink in their own home, if the car is parked outside and they have the keys inside… "in charge under the influence ".Not true as its not a public place.
There only arrestable if say they were seen to drive onto their driveway.
The road outside their (note correct spelling of ‘their’ 
) house is a public space.
I know someone who was over the limit after a few at the pub, decided to sleep in their car till the morning and coppers turned up and arrested him for drunk in charge even though he’d given the keys to the landlord of the pub. He got banned. I’d say it’s a lot down to how much you pay a lawyer and how good they are.
For a successful prosecution for being drunk in charge the CPS have to be satisfied that you intended to drive whilst over the prescribed limit. The fact that you are on an 11 or 9 hour rest period negates any intent.
This guy got done for failing / refusing to provide, which is an absolute offence.