Anyone know if???

[k69atie]

Driving on a pub car park is classed (legally) as private land?

If anyone knows the legal jargon please let me know.

Long story don't really wanna go into details why.

 

[DJ Harris]

yeah i'd say so the landlord owns it so yeah

 

[k69atie]

mm i thought so, anyway here is the story the morning after the night before my mates boyfriend reverses his car in the car park, and gets pulled by the pigs and done for drink driving as he was still over the limit from the night before, anyway on the report it says he drove onto a main road, which he didn't he was just on the pub car park, where does he stand? will they say he has intentions of driving onto this main road?

 

[Dave D]

^^^^
I dont think it matters if you are in a car park in the lake district or driving down the M25. If your drunk and behind the wheel. Its drink driving.

 

[DJ Harris]

i would say so, because he really diddnt have anywhere else to go than the main road? so yeh prolly "with intent" will be there reason

 

[Dave D]

yeah, but even if you are sat behind the wheel and the car isnt even running you get done for drink driving.

 

[k69atie]

i thought so, thanks dave d and dj

 

[DJ Harris]

yeh dave, its if the keys are in the ignition just looked it up :thumb:

 

[k69atie]

so even though it says in the report that he drove onto the road and he didn't they will just say has intention of driving onto it?

 

[Dave D]

Its probably just how they wrote up the report. It really doesnt matter. The fact is he was behind the wheel and drunk.

 

[k69atie]

yeah that is true, i know i am not saying i agree with it, i just wondered how they could write it if he wasn't on the road.

 

[Jibster]

yeah that is true, i know i am not saying i agree with it, i just wondered how they could write it if he wasn't on the road.

It's a technicality. If he has a good solicitor they'd probably be able to get him off if he could prove he hadn't gone to the road but he's more than likely gonna have to take it on the chin.

It's likely to be lenient anyway given the mitigating circumstances, i.e, it was the day after, he hadn't left the car park.

 

[Dave D]

^^^^^
doesnt matter if he has the best solicitor in the world. He was drunk behind the wheel. Just pay the fine, lose your licence and move on, is my advice.

 

[Jibster]

^^^^^
doesnt matter if he has the best solicitor in the world. He was drunk behind the wheel. Just pay the fine, lose your licence and move on, is my advice.

I agree with the second part. The first part always has and always will be able to make a difference though.

 

[not really ken]

your mate is fucked, best thign is to hold his hands up and just say he was getting something from the car. Plea bargain and go for the lesser charge of intent, otherwise police officers will out of spite fuck him up for drink driving. just admit the lesser charge and give the officer his badge, yes sir, no sir!!!

 

[Pittsey]

Just take the drink driving ban. It's not the end of the world. 12 months ban, 6 if he goes to advanced driving courses and a small fine.

His insurance costs will double, but at least he didn't kill anyone.

I don't think there is an intent to drink drive charge, and even if he is on private land it is a public car park and he is endangering members of the public. The only way he'd get away is if he was driving it on his own farm. etc.

 

[k69atie]

thanks pittsey