No Excuse FFS

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
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Drunk trucker had vodka and cola clipped to his steering wheel

STV 6 March 2013 14:10 GMT

Perth Sheriff: Alexander Mason had vodka and cola clipped to his steering wheel.

A lorry driver found sleeping drunk in the road beside his truck was found to have a mug of vodka and cola clipped to his steering wheel.

Alexander Mason was sprawled across the road in a semi-conscious state and passers-by thought he might have been the victim of an accident.

But when police arrived to investigate they found a half-empty bottle of vodka in his cab and the remnants of his mixed drink in a cup attached to the steering wheel.

At Perth Sheriff Court, Mason, 66, admitted being drunk in charge of an articulated lorry on the A827 Ballinluig to Killin road on September 19, 2012.

Mason, of Lindum Street, Motherwell, admitted being more than twice the legal limit when he was found in the road adjacent to Logierait Church in Perthshire.

Fiscal depute John Malpass told the court: "A member of the public was passing by and saw him lying unconscious on the road adjacent to the vehicle.

"They contacted the police because they thought there may have been a road accident. The police attended and couldn’t find the witness or anyone in the road.

"They checked the wagon and they found the accused sleeping in the rear, with the keys in the ignition. There was a half-empty bottle of vodka and a bottle of coke.

“There was a metal mug clipped on the steering wheel with the remnants of a vodka and cola in it. The accused was found with a cut to his head.”

Mr Malpass said paramedics were called to the scene to treat Mason for the cut to his head but he refused to go to hospital and was arrested at the scene.

Solicitor David Holmes, defending, said Mason had formerly been an HGV driver and had been semi-retired at the time of the incident. Mr Holmes said he had been driving the cement lorry as a favour for a friend.

Mason was banned from driving for four months and fined £200.

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Four months and 200 quid… why would he give a ■■■■ about that.

3

peterm:
Four months and 200 quid… why would he give a [zb] about that.

You must be rich. :open_mouth:

4

The way i read it is.
He had probably finished his shift, parked up and got drunk. No harm done.
What’s the problem?

"They checked the wagon and they found the accused sleeping in the rear

He was sleeping FFS.

5

To be fair there’s no mention of him driving whilst drinking, I would’ve thought that it would be a minority of trampers that have never had more than 2 pints on a night out

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Bloody Eastern Europeans, oh…wait…

7

I am a tramper mon- fri and never drink alcohol whilst at work.
It’s not worth the hassle.

I save my boozing until sat night.

8

How do we know he hadnt just spent 7hours in a drivers waiting room with the prick next to him telling him how to run bent…

9

Im just interested what the legal standing if your of duty doin a night out in your wagon and you have a few cans off beer taking you over the drive limit and maybe a police officer spots you drinking. Is it considered an offence, as I think its an offence if your in a car if you have the keys in

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limeyphil:
The way i read it is.
He had probably finished his shift, parked up and got drunk. No harm done.
What’s the problem?

"They checked the wagon and they found the accused sleeping in the rear

He was sleeping FFS.

Good point …Phil…but I think this statement is a dead give-away.

At Perth Sheriff Court, Mason, 66, admitted being drunk in charge of an articulated lorry on the A827 Ballinluig to Killin road on September 19, 2012. :smiley:

11

Surely there’s something not quite right with this report.

…admitted being drunk in charge of an articulated lorry on the A827 Ballinluig to Killin road on September 19, 2012.

I was under the impression that the minimum driving ban for being found guilty of being in charge of a motor vehicle was 12 months!

In fact I found this explanation to the question; “What is the minimum drink driving ban?” at this website: http://www.drivingban.co.uk
The length of disqualification is dependent upon the exact circumstances and the alcohol reading. This would normally start from 12 months on readings of 55 ug breath / 124 mg of blood or 170 mg of urine.

I’m not condoning drink driving, just confused.

12

But your example shows the ban length for drink driving, he got charged with drunk and in charge.

13

Bit of a legal minefield this one with regards to HGV’s tbh. If the offence of drunk in charge is to be pursued to its logical conclusion then a lot of motorhome owners would face possible prosecution. I think it’s the intent to drive that needs to be established.

There was a case many moons ago with a Fearns (IIRC) tanker guy parked in Scotland who had a few beers, returned to his truck, was bagged, found over the limit and had his licence taken away there and then (well, the next day at court). He appealed with the help of a good brief who presented his tacho cards to the appeal hearing showing that the very earliest the driver could legally start was 7am the next day, he then produced a police doctor as an expert witness who then testified that by 7am the driver would be well under the legal limit. He got his licence (and job) returned.

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Saaamon:
But your example shows the ban length for drink driving, he got charged with drunk and in charge.

Yes, there’s no obligatory disqualification with the offence of being in charge.

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i may be wrong but …while the driver is on duty the truck is his place of work , but off duty (nights out) it is his home.■■? i am presently at home (the bricks and mortar type) having a glass of wine , i am not expecting to be arrested if i fall over on my way for a p…just a thought :slight_smile:

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Section 5 RTA 1988

Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit…

(1)If a person– .
(a)drives or attempts to drive a motor vehicle on a road or other public place, or .
(b)is in charge of a motor vehicle on a road or other public place, .
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
(2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit. .
(3)The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.

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15 hours a day living in a can and can’t even have a drink to unwind,tell the fuzz to deliver the stuff

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He hadn’t commited an offence. He obviously didn’t get any legal representation.
The CPS have to prove intent. How the [zb] can he intend to drive if he’s fast asleep and ■■■■■■ up?
However, He’s quite clearly an idiot. He pleaded guilty to an offence that could not have happened.

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stobarttrucker:
15 hours a day living in a can and can’t even have a drink to unwind,tell the fuzz to deliver the stuff

:unamused:

He clearly didn’t have a “drink to unwind”, unless you mean getting off your face?

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limeyphil:
He hadn’t commited an offence. He obviously didn’t get any legal representation.
The CPS have to prove intent. How the [zb] can he intend to drive if he’s fast asleep and ■■■■■■ up?
However, He’s quite clearly an idiot. He pleaded guilty to an offence that could not have happened.

He’s spotted “sprawled across the road in a semi-conscious state”.

He was found “with the keys in the ignition”. Do you go to sleep with the keys left in the ignition?

He was clearly in a drink induced sleep and was twice the drink drive limit. There’s no way he would be fit to drive the next day anyway.

He was caught bang to rights.