ZetecVan 2.0 Posted December 3, 2009 Report Posted December 3, 2009 Ok, I'm talking hyperthetically now. If I put a matress in the back of my van, parked up in a hotel car park, put my wheel clamp on the rear wheel, removed the ECU and left it along with the keys with a friend who was staying in the hotel, got merry at the xmas party at the hotel and slept in the back of the van, and the police saw me in the back of the van alseep, would they be successful in getting me prosecuted for being drunk in charge of a vehicle? Discuss.
Mrs O/H/C Posted December 3, 2009 Report Posted December 3, 2009 I dont think the owners of the hotel would be very happy
Mr Sam Posted December 3, 2009 Report Posted December 3, 2009 surely you need to be caught driving said van? although if the hotel owners say move it or will have it towed away..... you is screwed
Spotmatic Posted December 3, 2009 Report Posted December 3, 2009 No why would they? If you're not driving it there shouldn't be a problem.
Mr Sam Posted December 3, 2009 Report Posted December 3, 2009 will you be taking a lady to your hotel room
Mrs O/H/C Posted December 3, 2009 Report Posted December 3, 2009 The police can arrest you even if you are not driving if you have the keys. But as said above if the hotel staff require you to leave the premises then you are indeed fooked !!
hellblue Posted December 3, 2009 Report Posted December 3, 2009 So long as you dont have your keys on you or in the van or where they might find them they get to go fook themselfs You can be done for intent to drive just cos you have your keys on you !! the result is the same as if you was driving !!
john_3.0s Posted December 3, 2009 Report Posted December 3, 2009 woudlnt you be on private property tho? I think they would have to prove you had intentions to drive but that said the police being what they are they would try and have you for something reasonable or not irrespective of common sense.
caprinerd Posted December 3, 2009 Report Posted December 3, 2009 you dont have to go through all that just dont have the keys in the van and you cant get done, was told this last year when i went to pick sons mate up, simular thing happened but he had the keys in his pocket and was ratted, they said if the keys were`nt in the motor he wouldnt have got breath-a-lised
ZetecVan 2.0 Posted December 3, 2009 Author Report Posted December 3, 2009 you dont have to go through all that just dont have the keys in the van and you cant get done, was told this last year when i went to pick sons mate up, simular thing happened but he had the keys in his pocket and was ratted, they said if the keys were`nt in the motor he wouldnt have got breath-a-lised I always put the wheel clamp on when I park it for any length of time when I'm not near it, but taking the ECU out was just an extra precaution to say 'look, I have no intention of driving it. will you be taking a lady to your hotel room The friend I will give the keys to is female. And she's staying in the hotel room with another female. If I can't pursuade them that I should be sharing with them, then the van is an option!
Admin Vista Posted December 3, 2009 Admin Report Posted December 3, 2009 I'm not really sure Mike but if you have it obviously set up to sleep in then my instinct is that you'd not be done for it.....................think about all the camper vans around the country / world? You'd never be able to get pissed on holiday if that were the case. Perhaps worth a quiet word in Daggles ear?
zetecmk2 Posted December 3, 2009 Report Posted December 3, 2009 You'd never be able to get pissed on holiday
hellblue Posted December 3, 2009 Report Posted December 3, 2009 A hotel car park is not private property as far as the road traffic act goes, neither is any other private property that is "a public place" all these public places are covered under the road traffic act. The word USE in law is....an obligation on a person to whom property has been conveyed, it does not mean you have to actually be using it at the time !!!
stevepeanut Posted December 3, 2009 Report Posted December 3, 2009 I was talking to a lad, and he went to get some CDs from his car, he only had the door key, didnt have imobilisor thing, or his ignition key. Cops seen him open the door and done him for drink driving. Also when he flipped out with them, they put him in a cell, put a matress on him, and jumped up and down on him! I think the police would try and do you, but you'd have to go to court and fight it. But, how does it work with people who have these fancy motor homes? Surely they can get pissed, sleep in the back, and not worry about getting nicked?
PIG Posted December 3, 2009 Report Posted December 3, 2009 if you have no keys or means to start and drive the vehicle you can not get nicked,a m8 had this years ago in a carpark near raggamuffins in camberley.we had his keys as he was acting a cock in there so the police could do nothing at the time any way m8
Fishtailparka Posted December 3, 2009 Report Posted December 3, 2009 A friend of mine went to see some mates. When he came to leave his car wouldn't start. So he went back in and had a few bevvies with them, then slept in his car intending to get a tow in the morning. Policeman came along, breathalised him and he lost his lisence. He even told them it wouldn't start, which they confirmed. His mates confirmed his story, but he still got banned. True story, and nothing more to it than that. I asked why he didn't kip in the house, it was because a girl lived there that he had been out with in the past. He said his missus would kill him if he slept in the same house as her.
Grizzley Dell Posted December 3, 2009 Report Posted December 3, 2009 Ok, I'm talking hyperthetically now. If I put a matress in the back of my van, parked up in a hotel car park, put my wheel clamp on the rear wheel, removed the ECU and left it along with the keys with a friend who was staying in the hotel, got merry at the xmas party at the hotel and slept in the back of the van, and the police saw me in the back of the van alseep, would they be successful in getting me prosecuted for being drunk in charge of a vehicle? Discuss. the law stands that as long as you are not on a public road or dont have the keys in your possesion they cant nick you. i lived in a van for 2 years & came across this a couple of times. if your on a public road they have the right move you on, if they didnt get it from the mrs that day.lol
retrorigg Posted December 4, 2009 Report Posted December 4, 2009 i have 2 keys on my key fob, one for my house and one for my car, wot if i was outside my house, car on street outside my house, just about to go in the house and the police pull up and breathalise me, im in possesion of my car key on my fob n pissed, surely they gotta use common sense
EscortHeadCase Posted December 4, 2009 Report Posted December 4, 2009 I had a vw caddy that i used to sleep in after going to parties when i was about 18-19. Had an airbed and a sleeping bag stowed away in it permenantly just in case Just hide the keys somewhere good. And tell the coppers you gave them to a mate and you will go and get them when you are sober. Only got asked once. Maybe think about getting a "if the vans a rockin, dont come a knocking" sticker.....But thats another story.
Admin Mk2Jo Posted December 4, 2009 Admin Report Posted December 4, 2009 You are still drunk and in charge of a vehicle I reckon . You could still knock the handbrake off and let the car run into the carriageway even if you don't have the keys on you. I wouldn't take the chance if it was me Not so sure the Hotel would be happy about it either
Daggle Posted December 4, 2009 Report Posted December 4, 2009 It is down to the Police to prove beyond all reasonable doubt that you had an intention to drive, with all the circumstances that you have outlined then I cannot see how you could be arrested, or to use Hellblue's words the Police can go fook themselves A car park is not private land. If a member of the public can gain access to the area without having to go past some sort of barrier then it falls under the Road Traffic Act.
Russian Bear Posted December 4, 2009 Report Posted December 4, 2009 From my own experience of being convicted at the age of 19 for a Drink Driving conviction a DR10 endorsement back in Dec 2001. I was asleep in my XR2 on the road, outside me mates house after being locked out at around arf 12 waitin for him to come back. I was woke up by a tap on the window at around arf 5 in the mornin by the plod, asked what i was doin in me car, asked whether i had me keys "yes officer in me pocket" they breatherlised me and they did me for exactly what you are queryin drunk in charge of vehicle, as i had me keys with me. I can only conclude after they impounded my car and took me to the nick to sober up, with what the duty officers answer was to my question "if i didnt have my keys with me, would i be here?and in this situation?" his reply "No car keys in your posession or in your car irradicates the intention to drive." Go figure, i guess its who you get on the day aswell??
Paul F Posted December 4, 2009 Report Posted December 4, 2009 I think I once heard a loophole about taping your keys to the inside of one of the arches to avoid the "being in charge of a vehicle" thing
livewire7116 Posted December 4, 2009 Report Posted December 4, 2009 IF you need your license for your job ask yourself this question "are you prepared to risk your license for the sake of a hotel room for the night?????????"
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