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parking/camping while under the influence

  • 18-12-2013 10:57am
    #1
    holyhutzpa
    Registered Users, Registered Users 2 Posts: 50 ✭✭


    I heard a rumour that if you are "parked" in a public place (ie. not private land) and consuming alcohol that technically you can be charged with being drunk and in charge of a vehicle (although having googled it you might have to have the engine on).

    I have always found the police in the UK to be much less reasonable than in Ireland and have been a bit afraid of being done for something like that...


Comments

  • #2
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    I would say that would be true. If you were over the limit and in charge of the vehicle, you would be guilty I reckon. I don't think having the engine off would make any diffference


  • #3
    reelkidmusic
    Registered Users, Registered Users 2 Posts: 112 ✭✭reelkidmusic


    I have been told before but completely open to correction that you are not considered to be in charge of the vehicle until the key is placed in the ignition.


  • #4
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    could be or though I'd doubt it as all you'd have to do is pull out the key to avoid being charged


  • #5
    niloc1951
    Registered Users, Registered Users 2 Posts: 2,066 ✭✭✭niloc1951


    holyhutzpa wrote: »
    I heard a rumour that if you are "parked" in a public place (ie. not private land) and consuming alcohol that technically you can be charged with being drunk and in charge of a vehicle (although having googled it you might have to have the engine on).

    I have always found the police in the UK to be much less reasonable than in Ireland and have been a bit afraid of being done for something like that...

    This issue has been done to death on many other forums, but here is my tuppence worth.

    See HERE.
    If being parked up and clearly using the vehicle as living accommodation, ie. with cab seats turned and being used for 'lounging', table set for dining, bed made up, kettle on the cooker, ignition keys put away in a drawer, etc. etc. etc. it would be very difficult for a Garda to prove that intent to drive the vehicle while unfit existed at the time.

    There is also the question of who is in charge if more than one person is in the vehicle and no one is sitting behind the steering wheel is a manner which can facilitate the vehicle being driven.

    In Irish law a motor caravan is currently a 'temporary dwelling' as well as a 'mechanically propelled vehicle'.

    Personally I wouldn't worry about having a drink or two at the end of the day, but do remember that you need to be fit to drive the next morning.


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